Start Mortgages DAC v Hendrick (Approved) [2023] IEHC 11 (16 January 2023)

Start Mortgages DAC v Hendrick (Approved) [2023] IEHC 11 (16 January 2023)

The plaintiff provided a reasonable explanation for the delay in executing the order for possession, primarily due to time spent on an outstanding appeal and efforts to resolve the debt by alternative means. No prejudice to the defendants was established. The legal test for granting leave to issue execution under Order 42, rule 24 was met, and the application was not statute-barred.

Citation
[2023] IEHC 11
Parties
Plaintiff: Start Mortgages DAC; Defendant: James Hendrick; Defendant: Eileen Hendrick
Jurisdiction
Ireland
Judgment Date
16 January 2023
Procedural Posture
Application for Leave to Issue Execution of Order for Possession / Judgment on Application for Extension of Time to Execute Order for Possession
Outcome
Leave to issue execution granted
Legal Topics
Execution of Judgments, Extension of Time, Order for Possession, Statute of Limitations
Civil Procedure Property Law Execution of Judgments Extension of Time Order for Possession Statute of Limitations

Case Brief

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Parties

Start Mortgages DAC

Plaintiff

James Hendrick

Defendant

Eileen Hendrick

Defendant

Procedural Posture

Application for Leave to Issue Execution of Order for Possession / Judgment on Application for Extension of Time to Execute Order for Possession

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to issue execution of an order for possession after the lapse of six years from the date of the order
  2. 2 Whether the application is statute-barred under the Statute of Limitations 1957

Ratio Decidendi

The plaintiff provided a reasonable explanation for the delay in executing the order for possession, primarily due to time spent on an outstanding appeal and efforts to resolve the debt by alternative means. No prejudice to the defendants was established. The legal test for granting leave to issue execution under Order 42, rule 24 was met, and the application was not statute-barred.

Court Disposition

Leave to issue execution granted

Orders

  • Plaintiff granted leave to issue execution pursuant to Order 42, rule 24 of the Rules of the Superior Courts in respect of the order for possession dated 11 October 2010.
  • Parties to be heard further on the imposition of a stay and on costs.