Start Mortgages Designed Activity Company v Hanley (Approved) [2023] IEHC 387 (10 July 2023)

Start Mortgages Designed Activity Company v Hanley (Approved) [2023] IEHC 387 (10 July 2023)

The plaintiff provided a reasonable explanation for the delay in executing the order for possession, including appeal proceedings, Covid-19 moratorium, and sheriff's non-enforcement. No prejudice to the defendant was established. The legal threshold for granting leave to issue execution under Order 42, rule 24 was met.

Citation
[2023] IEHC 387
Parties
Plaintiff: Start Mortgages DAC; Defendant: Shane Hanley
Jurisdiction
Ireland
Judgment Date
10 July 2023
Procedural Posture
Application for Leave to Issue Execution / Judgment on Second Motion for Leave to Issue Execution
Outcome
Leave to issue execution granted under Order 42, rule 24
Legal Topics
Execution of Possession Orders, Delay in Enforcement, Mortgage Repossession, Discretion Under Order 42, Rule 24
Civil Procedure Property Law Banking Law Execution of Possession Orders Delay in Enforcement Mortgage Repossession Discretion Under Order 42, Rule 24

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Parties

Start Mortgages DAC

Plaintiff

Shane Hanley

Defendant

Procedural Posture

Application for Leave to Issue Execution / Judgment on Second Motion for Leave to Issue Execution

Legal Issues

  1. 1 Whether the plaintiff has provided a reasonable explanation for the delay in executing the order for possession
  2. 2 Whether any prejudice to the defendant justifies refusal of leave to execute

Ratio Decidendi

The plaintiff provided a reasonable explanation for the delay in executing the order for possession, including appeal proceedings, Covid-19 moratorium, and sheriff's non-enforcement. No prejudice to the defendant was established. The legal threshold for granting leave to issue execution under Order 42, rule 24 was met.

Court Disposition

Leave to issue execution granted under Order 42, rule 24

Orders

  • Plaintiff granted leave to issue execution in respect of the order for possession dated 12 March 2012
  • Plaintiff provisionally entitled to recover costs of the motion against the defendant; parties may file submissions on costs within two weeks