Start Mortgages DAC v Kavanagh & Anor (Unapproved) [2023] IECA 251 (09 October 2023)

Start Mortgages DAC v Kavanagh & Anor (Unapproved) [2023] IECA 251 (09 October 2023)

The appeal was dismissed because the arguments advanced had already been determined or could have been appealed at the appropriate time; there was no exceptional circumstance or breach of constitutional rights to justify setting aside the final judgment; and the application under O. 124 RSC was misconceived and made after inordinate and inexcusable delay.

Citation
[2023] IECA 251
Parties
Plaintiff/respondent: Start Mortgages Designated Activity Company; Defendant/appellant: Simon Kavanagh; Defendant/appellant: Deirdre Kavanagh
Jurisdiction
Ireland
Judgment Date
09 October 2023
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Mortgage Possession, Finality of Judgments, Setting Aside Judgments, Securitisation, Consumer Protection
Property Law Civil Procedure Mortgage Possession Finality of Judgments Setting Aside Judgments Securitisation Consumer Protection

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Parties

Start Mortgages Designated Activity Company

Plaintiff/respondent

Simon Kavanagh

Defendant/appellant

Deirdre Kavanagh

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the original order for possession should be set aside due to alleged lack of title by the plaintiff/respondent
  2. 2 Whether the invocation of O. 124 RSC was appropriate for setting aside a final judgment
  3. 3 Whether exceptional circumstances existed to justify reopening the final judgment under the Greendale principles

Ratio Decidendi

The appeal was dismissed because the arguments advanced had already been determined or could have been appealed at the appropriate time; there was no exceptional circumstance or breach of constitutional rights to justify setting aside the final judgment; and the application under O. 124 RSC was misconceived and made after inordinate and inexcusable delay.

Court Disposition

appeal dismissed