Wise Finance Company Ltd. v. Farrell [1999] IEHC 202 (15th November, 1999)

Wise Finance Company Ltd. v. Farrell [1999] IEHC 202 (15th November, 1999)

The evidence did not establish that repayment of the principal money secured by the Deed of Charge had become due, as the provisions for payment in the Deed of Charge were inconsistent with those in the Commitment Letter. Therefore, the Court's discretion to make an order for possession did not arise.

Citation
[1999] IEHC 202
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Possession Proceedings Under Registration of Title Act 1964 / Judgment on Application for Possession
Outcome
Application refused
Legal Topics
Registered Charges, Mortgagee Rights, Possession Proceedings, Interpretation of Charge Instruments
Property Law Land Law Mortgage Law Registered Charges Mortgagee Rights Possession Proceedings Interpretation of Charge Instruments

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Possession Proceedings Under Registration of Title Act 1964 / Judgment on Application for Possession

Legal Issues

  1. 1 Whether the Plaintiff is entitled to possession of the lands under section 62(7) of the Registration of Title Act 1964
  2. 2 Whether repayment of the principal money secured by the charge has become due

Ratio Decidendi

The evidence did not establish that repayment of the principal money secured by the Deed of Charge had become due, as the provisions for payment in the Deed of Charge were inconsistent with those in the Commitment Letter. Therefore, the Court's discretion to make an order for possession did not arise.

Court Disposition

Application refused

Orders

  • Plaintiff's application for possession is refused