Start Mortgages Ltd -v- Tierney & Anor [2017] IECA 103 (29 March 2017)

Start Mortgages Ltd -v- Tierney & Anor [2017] IECA 103 (29 March 2017)

The failure to properly serve Mr. Tierney in accordance with Order 9, r. 4, and the absence of any application to deem service on Mrs. Tierney as good service for Mr. Tierney, rendered the possession order irregular. The appeal should be allowed due to insufficient compliance with procedural requirements.

Citation
[2017] IECA 103
Parties
Respondent/plaintiff: Start Mortgages Limited; Appellant/first Defendant: Paul Tierney; Second Defendant: Aileen Tierney
Jurisdiction
Ireland
Judgment Date
29 March 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Service of Process, Mortgage Possession, Family Home Protection
Civil Procedure Property Law Service of Process Mortgage Possession Family Home Protection

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Start Mortgages Limited

Respondent/plaintiff

Paul Tierney

Appellant/first Defendant

Aileen Tierney

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether proper service of proceedings was effected on Mr. Tierney
  2. 2 Whether the possession order was obtained irregularly
  3. 3 Whether the court should set aside the possession order

Ratio Decidendi

The failure to properly serve Mr. Tierney in accordance with Order 9, r. 4, and the absence of any application to deem service on Mrs. Tierney as good service for Mr. Tierney, rendered the possession order irregular. The appeal should be allowed due to insufficient compliance with procedural requirements.

Court Disposition

appeal allowed

Orders

  • The possession order of 13th October 2008 is set aside as against Mr. Tierney.