Start Mortgages DAC v Cussen & Anor (Approved) [2021] IEHC 531 (27 July 2021)

Start Mortgages DAC v Cussen & Anor (Approved) [2021] IEHC 531 (27 July 2021)

The plaintiff is entitled to an order for possession as the defendants defaulted on their mortgage, the assignment of the mortgage was valid and notified, all procedural and statutory requirements were met, and the defendants' arguments did not disclose any valid defence to possession.

Source-derived case information.

Citation
[2021] IEHC 531
Parties
Plaintiff: Start Mortgages DAC; Defendant: Christopher Cussen; Defendant: Elizabeth Cussen
Jurisdiction
Ireland
Judgment Date
27 July 2021
Procedural Posture
Appeal From Circuit Court Possession Order / High Court Judgment on Appeal
Outcome
Order for possession granted without a stay.
Legal Topics
Mortgage Possession, Assignment of Debt, Consumer Protection, Human Rights, Jurisdiction, Unfair Contract Terms
Property Law Contract Law Civil Procedure Mortgage Possession Assignment of Debt Consumer Protection Human Rights Jurisdiction +1 more

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Parties

Start Mortgages DAC

Plaintiff

Christopher Cussen

Defendant

Elizabeth Cussen

Defendant

Procedural Posture

Appeal From Circuit Court Possession Order / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order for possession of the mortgaged property
  2. 2 Whether the assignment of the mortgage to the plaintiff was valid and effective
  3. 3 Whether the defendants have any valid defence to the possession proceedings, including alleged breaches of consumer protection, human rights, or procedural rules

Ratio Decidendi

The plaintiff is entitled to an order for possession as the defendants defaulted on their mortgage, the assignment of the mortgage was valid and notified, all procedural and statutory requirements were met, and the defendants' arguments did not disclose any valid defence to possession.

Court Disposition

Order for possession granted without a stay.

Orders

  • Order for possession of the mortgaged property in favour of the plaintiff.
  • No stay on the order for possession.