Permanent TSB plc formerly Irish Life and Permanent plc -v- O'Connor & anor [2018] IEHC 339 (11 June 2018)

Permanent TSB plc formerly Irish Life and Permanent plc -v- O'Connor & anor [2018] IEHC 339 (11 June 2018)

The facility letter was never properly in evidence before the Circuit Court; proceeding with the appeal would deprive defendants of their right to a two-stage hearing. The proceedings should be remitted to the Circuit Court for proper hearing.

Citation
[2018] IEHC 339
Parties
Plaintiff: Permanent TSB plc formerly Irish Life and Permanent plc; Defendant: Dave O’Connor; Defendant: Marianne O’Connor
Jurisdiction
Ireland
Judgment Date
11 June 2018
Procedural Posture
Circuit Appeal / Preliminary Objection to Appeal Proceeding
Outcome
proceedings remitted
Legal Topics
Possession Order, Appeal Process, Evidence Admissibility
Property Law Civil Procedure Possession Order Appeal Process Evidence Admissibility

Case Brief

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Parties

Permanent TSB plc formerly Irish Life and Permanent plc

Plaintiff

Dave O’Connor

Defendant

Marianne O’Connor

Defendant

Procedural Posture

Circuit Appeal / Preliminary Objection to Appeal Proceeding

Legal Issues

  1. 1 Whether the facility letter was properly in evidence before the Circuit Court
  2. 2 Whether the High Court can proceed with the appeal when critical evidence was not before the lower court

Ratio Decidendi

The facility letter was never properly in evidence before the Circuit Court; proceeding with the appeal would deprive defendants of their right to a two-stage hearing. The proceedings should be remitted to the Circuit Court for proper hearing.

Court Disposition

proceedings remitted

Orders

  • Proceedings remitted for hearing before the Circuit Court on the basis of properly admitted evidence.