Bank of Ireland Mortgage Bank -v- Hanley & anor [2015] IEHC 738 (26 November 2015)

Bank of Ireland Mortgage Bank -v- Hanley & anor [2015] IEHC 738 (26 November 2015)

The Circuit Court retains jurisdiction in mortgage possession proceedings where the property is not rateable or where no evidence establishes that the rateable valuation exceeds the statutory limit; formal proof of rateable valuation is not essential unless challenged and proven otherwise.

Citation
[2015] IEHC 738
Parties
Plaintiff/respondent: Bank of Ireland Mortgage Bank; Defendant/appellant: Shane Hanley; Defendant/appellant: Alan Giblin
Jurisdiction
Ireland
Judgment Date
26 November 2015
Procedural Posture
Circuit Appeal / Judgment on Appeal
Outcome
appeal dismissed; Circuit Court order affirmed
Legal Topics
Mortgage Possession, Circuit Court Jurisdiction, Rateable Valuation, Evidence Admissibility
Property Law Civil Procedure Mortgage Possession Circuit Court Jurisdiction Rateable Valuation Evidence Admissibility

Case Brief

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Parties

Bank of Ireland Mortgage Bank

Plaintiff/respondent

Shane Hanley

Defendant/appellant

Alan Giblin

Defendant/appellant

Procedural Posture

Circuit Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Circuit Court had jurisdiction to grant possession absent formal proof of rateable valuation
  2. 2 Whether a s.67 certificate or local authority letter constitutes sufficient evidence of rateable valuation
  3. 3 Whether defects in affidavits affect admissibility or validity of proceedings

Ratio Decidendi

The Circuit Court retains jurisdiction in mortgage possession proceedings where the property is not rateable or where no evidence establishes that the rateable valuation exceeds the statutory limit; formal proof of rateable valuation is not essential unless challenged and proven otherwise.

Court Disposition

appeal dismissed; Circuit Court order affirmed

Orders

  • Order for possession of the property affirmed
  • Ancillary relief as granted by Circuit Court affirmed