PTSB Formerly Irish Life & Permanent PLC -& Anor v Mooney & Anor (Approved) [2021] IEHC 421 (22 June 2021)

PTSB Formerly Irish Life & Permanent PLC -& Anor v Mooney & Anor (Approved) [2021] IEHC 421 (22 June 2021)

There was no effective amendment to the mortgage contract as the correspondence lacked certainty and did not constitute acceptance of the proposed terms; the estoppel defence fails as the defendants were put on clear notice in 2006 that the mortgage had not expired, negating reasonable reliance; no material factual disputes exist requiring plenary hearing; summary judgment is appropriate.

Citation
[2021] IEHC 421
Parties
Plaintiff/respondent: Permanent TSB formerly Irish Life & Permanent PLC; Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Geraldine Mooney; Defendant/appellant: Joseph Mooney
Jurisdiction
Ireland
Judgment Date
22 June 2021
Procedural Posture
Civil Appeal / Appeal From Circuit Court Order for Possession
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Contract Amendment, Estoppel, Summary Judgment, Plenary Hearing
Property Law Contract Law Civil Procedure Mortgage Possession Contract Amendment Estoppel Summary Judgment Plenary Hearing

Case Brief

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Parties

Permanent TSB formerly Irish Life & Permanent PLC

Plaintiff/respondent

Start Mortgages Designated Activity Company

Plaintiff/respondent

Geraldine Mooney

Defendant/appellant

Joseph Mooney

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Order for Possession

Legal Issues

  1. 1 Whether the mortgage contract was amended to expire in 2007 rather than 2022
  2. 2 Whether the plaintiffs are estopped from enforcing the original mortgage terms due to representations made in 2000
  3. 3 Whether the case should be remitted to plenary hearing

Ratio Decidendi

There was no effective amendment to the mortgage contract as the correspondence lacked certainty and did not constitute acceptance of the proposed terms; the estoppel defence fails as the defendants were put on clear notice in 2006 that the mortgage had not expired, negating reasonable reliance; no material factual disputes exist requiring plenary hearing; summary judgment is appropriate.

Court Disposition

appeal dismissed

Orders

  • order for vacant possession in favour of the plaintiffs of 8 Fairways Park, Griffith Road, Dublin 11