Start Mortgages DAC v Kavanagh & Anor (Approved) [2023] IEHC 131 (14 March 2023)

Start Mortgages DAC v Kavanagh & Anor (Approved) [2023] IEHC 131 (14 March 2023)

Leave of court was required for interrogatories as claim was not properly grounded in fraud; only a limited subset of interrogatories were allowed as necessary and relevant. Joinder of PRA and Mr Cleary as co-defendants was refused due to absence of direct cause of action. Injunctive relief against PRA was refused as PRA is statutorily obliged to abide by court orders and should not be restrained from its statutory functions.

Citation
[2023] IEHC 131
Parties
Plaintiff: Start Mortgages Designated Activity Company; Defendant: Vincent Kavanagh; Defendant: Madeleine (otherwise Madeline) Kavanagh
Jurisdiction
Ireland
Judgment Date
14 March 2023
Procedural Posture
Plenary Proceedings / Interlocutory Motions Determination
Outcome
Interrogatories motion granted in part; joinder motion refused; PRA motion refused.
Legal Topics
Interrogatories, Joinder of Parties, Injunctive Relief, Mortgage Possession, Registration of Title, Statutory Functions of PRA
Property Law Civil Procedure Mortgage Law Interrogatories Joinder of Parties Injunctive Relief Mortgage Possession Registration of Title +1 more

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Parties

Start Mortgages Designated Activity Company

Plaintiff

Vincent Kavanagh

Defendant

Madeleine (otherwise Madeline) Kavanagh

Defendant

Procedural Posture

Plenary Proceedings / Interlocutory Motions Determination

Legal Issues

  1. 1 Whether leave of court was required for delivery of interrogatories
  2. 2 Whether interrogatories should be allowed and which ones
  3. 3 Whether PRA and Mr Damien Cleary should be joined as co-defendants

Ratio Decidendi

Leave of court was required for interrogatories as claim was not properly grounded in fraud; only a limited subset of interrogatories were allowed as necessary and relevant. Joinder of PRA and Mr Cleary as co-defendants was refused due to absence of direct cause of action. Injunctive relief against PRA was refused as PRA is statutorily obliged to abide by court orders and should not be restrained from its statutory functions.

Court Disposition

Interrogatories motion granted in part; joinder motion refused; PRA motion refused.

Orders

  • Leave granted to first named defendant to issue limited interrogatories as specified.
  • Joinder of PRA and Mr Cleary as co-defendants refused.