Permanent TSB PLC v Burns & Anor [2020] IEHC 24 (27 January 2020)

Permanent TSB PLC v Burns & Anor [2020] IEHC 24 (27 January 2020)

Start Mortgages DAC established, on balance of probabilities, a valid assignment of the mortgage and loan facilities from PTSB, supported by affidavit and exhibited deeds; as transferee, it is entitled to be substituted as plaintiff and to execute possession orders. Respondents’ objections regarding hearsay and unfair terms were unfounded and unsupported by evidence.

Citation
[2020] IEHC 24
Parties
Plaintiff: Permanent TSB PLC; Defendant: Gerry Burns; Defendant: Ann Burns; Transferee/new Plaintiff: Start Mortgages DAC
Jurisdiction
Ireland
Judgment Date
27 January 2020
Procedural Posture
Special Summons (possession Proceedings) / Post Judgment Procedural Applications (substitution and Execution)
Outcome
Application granted; Start Mortgages DAC substituted as plaintiff and granted leave to execute possession orders.
Legal Topics
Mortgage Assignment, Substitution of Parties, Enforcement of Possession Orders, Hearsay Evidence, Bankers’ Books Evidence Act, Unfair Contract Terms
Property Law Civil Procedure Banking Law Mortgage Assignment Substitution of Parties Enforcement of Possession Orders Hearsay Evidence Bankers’ Books Evidence Act +1 more

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Parties

Permanent TSB PLC

Plaintiff

Gerry Burns

Defendant

Ann Burns

Defendant

Start Mortgages DAC

Transferee/new Plaintiff

Procedural Posture

Special Summons (possession Proceedings) / Post Judgment Procedural Applications (substitution and Execution)

Legal Issues

  1. 1 Whether Start Mortgages DAC should be substituted as plaintiff following assignment of mortgage
  2. 2 Whether Start Mortgages DAC is entitled to execute possession orders
  3. 3 Admissibility of affidavit evidence from Start Mortgages DAC

Ratio Decidendi

Start Mortgages DAC established, on balance of probabilities, a valid assignment of the mortgage and loan facilities from PTSB, supported by affidavit and exhibited deeds; as transferee, it is entitled to be substituted as plaintiff and to execute possession orders. Respondents’ objections regarding hearsay and unfair terms were unfounded and unsupported by evidence.

Court Disposition

Application granted; Start Mortgages DAC substituted as plaintiff and granted leave to execute possession orders.

Orders

  • Order pursuant to Order 17, rule 4 substituting Start Mortgages DAC as plaintiff.
  • Order amending title of plaintiff to Start Mortgages DAC.