Permanent TSB Plc t/a Permanent TSB -v- Beades [2014] IEHC 81 (25 February 2014)

Permanent TSB Plc t/a Permanent TSB -v- Beades [2014] IEHC 81 (25 February 2014)

The plaintiff is entitled to an order for possession as the defendant defaulted on the loan, the properties were duly mortgaged, and the defendant failed to raise any substantive defence or dispute the debt by affidavit. Procedural and evidential objections raised by the defendant were either unfounded or curable, and the affidavits and banking records complied with statutory requirements.

Citation
[2014] IEHC 81
Parties
Plaintiff: Permanent TSB Plc t/a Permanent TSB; Defendant: Jerry Beades
Jurisdiction
Ireland
Judgment Date
25 February 2014
Procedural Posture
Special Summons for Possession / Judgment on Application for Order for Possession
Outcome
order for possession granted to plaintiff
Legal Topics
Order for Possession, Bankers' Books Evidence, Mortgage Enforcement, Procedural Compliance, Amendment of Pleadings
Banking Law Property Law Civil Procedure Order for Possession Bankers' Books Evidence Mortgage Enforcement Procedural Compliance Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Permanent TSB Plc t/a Permanent TSB

Plaintiff

Jerry Beades

Defendant

Procedural Posture

Special Summons for Possession / Judgment on Application for Order for Possession

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order for possession of the mortgaged properties
  2. 2 Whether procedural or evidential defects raised by the defendant constitute a valid defence
  3. 3 Whether affidavits and banking records comply with statutory requirements

Ratio Decidendi

The plaintiff is entitled to an order for possession as the defendant defaulted on the loan, the properties were duly mortgaged, and the defendant failed to raise any substantive defence or dispute the debt by affidavit. Procedural and evidential objections raised by the defendant were either unfounded or curable, and the affidavits and banking records complied with statutory requirements.

Court Disposition

order for possession granted to plaintiff

Orders

  • Order for possession of the lands and premises set out in the Schedule to the special summons
  • Court to hear parties regarding ancillary orders and possible stay