Start Mortgages Designed Activity Company v Connaughton & Anor (Approved) [2023] IEHC 364 (09 June 2023)

Start Mortgages Designed Activity Company v Connaughton & Anor (Approved) [2023] IEHC 364 (09 June 2023)

Plaintiff established entitlement to possession under s.62(7) Registration of Title Act 1964; monies are secured and due; application is bona fide; Defendants defaulted and failed to rebut evidence; discovery refused as unnecessary and based on unsupported assertions; jurisdiction established.

Citation
[2023] IEHC 364
Parties
Plaintiff: Start Mortgages DAC; First Named Defendant: Denis Connaughton; Second Named Defendant: Brid Connaughton
Jurisdiction
Ireland
Judgment Date
09 June 2023
Procedural Posture
Appeal From Circuit Court Order for Possession / High Court De Novo Hearing
Outcome
Appeal dismissed; Plaintiff's entitlement to possession affirmed.
Legal Topics
Possession Proceedings, Mortgage Default, Summary Proceedings, Discovery, Jurisdiction, Assignment of Mortgage, Conclusive Evidence of Title
Property Law Mortgage Law Civil Procedure Possession Proceedings Mortgage Default Summary Proceedings Discovery Jurisdiction +2 more

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Parties

Start Mortgages DAC

Plaintiff

Denis Connaughton

First Named Defendant

Brid Connaughton

Second Named Defendant

Procedural Posture

Appeal From Circuit Court Order for Possession / High Court De Novo Hearing

Legal Issues

  1. 1 Whether Plaintiff is entitled to possession of the property under s.62(7) Registration of Title Act 1964
  2. 2 Whether monies are secured and due
  3. 3 Whether application is bona fide to realise security

Ratio Decidendi

Plaintiff established entitlement to possession under s.62(7) Registration of Title Act 1964; monies are secured and due; application is bona fide; Defendants defaulted and failed to rebut evidence; discovery refused as unnecessary and based on unsupported assertions; jurisdiction established.

Court Disposition

Appeal dismissed; Plaintiff's entitlement to possession affirmed.

Orders

  • Order for possession of property in Folio 35554 F, Co. Limerick, to Plaintiff.
  • Discovery application refused.