Start Mortgages Designed Activity Company v Kavanagh & Anor (Approved) [2023] IEHC 452 (27 July 2023)

Start Mortgages Designed Activity Company v Kavanagh & Anor (Approved) [2023] IEHC 452 (27 July 2023)

The application to set aside the judgment of 30 January 2023 is dismissed because the applicant merely repeats arguments already determined, fails to establish any exceptional circumstances justifying the setting aside of the judgment, and the legal and regulatory framework at the relevant time entitled Start Mortgages to enforce the credit agreement.

Citation
[2023] IEHC 452
Parties
Plaintiff: Start Mortgages DAC; First Named Defendant: Simon Kavanagh; Second Named Defendant: Deirdre Kavanagh
Jurisdiction
Ireland
Judgment Date
27 July 2023
Procedural Posture
Civil / Application to Set Aside Previous High Court Judgment
Outcome
application dismissed
Legal Topics
Setting Aside Judgments, Credit Servicing Firms, Mortgage Enforcement, Jurisdiction of High Court, Remote Hearings
Civil Procedure Banking Law Setting Aside Judgments Credit Servicing Firms Mortgage Enforcement Jurisdiction of High Court Remote Hearings

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 10 Party arguments 2
Sign in to unlock

Parties

Start Mortgages DAC

Plaintiff

Simon Kavanagh

First Named Defendant

Deirdre Kavanagh

Second Named Defendant

Procedural Posture

Civil / Application to Set Aside Previous High Court Judgment

Legal Issues

  1. 1 Whether the High Court can set aside its own previous unappealed judgment at the request of a party
  2. 2 Whether Start Mortgages DAC was entitled to enforce a credit agreement as a credit retail firm or credit servicing firm
  3. 3 Whether the Asset Covered Securities Act 2001 precluded Start Mortgages from enforcing the mortgage

Ratio Decidendi

The application to set aside the judgment of 30 January 2023 is dismissed because the applicant merely repeats arguments already determined, fails to establish any exceptional circumstances justifying the setting aside of the judgment, and the legal and regulatory framework at the relevant time entitled Start Mortgages to enforce the credit agreement.

Court Disposition

application dismissed

Orders

  • Application to set aside judgment of 30 January 2023 refused
  • Reliefs sought in notice of motion of 6 March 2023 refused