Irish Bank Resolution Corporation -v- Hayes & Anor [2014] IEHc 70 (21 February 2014)

Irish Bank Resolution Corporation -v- Hayes & Anor [2014] IEHc 70 (21 February 2014)

The mortgage terms in this case deem the principal sum due immediately upon default without necessity of demand; default occurred prior to 1st December 2009, entitling the respondent to possession under s.62(7) of the Registration of Title Act 1964.

Citation
[2014] IEHc 70
Parties
Plaintiff/respondent: Irish Bank Resolution Corporation; Defendant/appellant: Colin Hayes; Defendant/appellant: Jennifer Fitzgerald
Jurisdiction
Ireland
Judgment Date
21 February 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Default, Statutory Interpretation, Effect of Repeal
Property Law Banking Law Mortgage Possession Default Statutory Interpretation Effect of Repeal

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Parties

Irish Bank Resolution Corporation

Plaintiff/respondent

Colin Hayes

Defendant/appellant

Jennifer Fitzgerald

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to possession under s.62(7) of the Registration of Title Act 1964 given the terms of the mortgage and the timing of default
  2. 2 Whether a demand was required before the principal sum became due and payable under the mortgage terms

Ratio Decidendi

The mortgage terms in this case deem the principal sum due immediately upon default without necessity of demand; default occurred prior to 1st December 2009, entitling the respondent to possession under s.62(7) of the Registration of Title Act 1964.

Court Disposition

appeal dismissed

Orders

  • Order for possession of the property granted to the respondent