AIB Mortgage Bank & Anor -v- Quearney & Anor [2016] IECA 392 (09 December 2016)

AIB Mortgage Bank & Anor -v- Quearney & Anor [2016] IECA 392 (09 December 2016)

The application for a further stay was refused because the proceedings are unconnected, the applicant has already benefited from a liberal postponement, delay is not attributable to the bank, and further postponement would improperly link enforcement of the possession order to the outcome of separate litigation.

Citation
[2016] IECA 392
Parties
Plaintiff/respondent: AIB Mortgage Bank; Plaintiff/respondent: Allied Irish Banks plc.; Defendant/appellant: John Philip Quearney; Defendant/appellant: Jean Quearney
Jurisdiction
Ireland
Judgment Date
09 December 2016
Procedural Posture
Application for Extension of Stay on Order for Possession / Court of Appeal Judgment on Stay Application
Outcome
application refused
Legal Topics
Stay of Execution, Mortgage Possession, Delay in Proceedings, Injunction Breach
Property Law Banking Law Civil Procedure Stay of Execution Mortgage Possession Delay in Proceedings Injunction Breach

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Parties

AIB Mortgage Bank

Plaintiff/respondent

Allied Irish Banks plc.

Plaintiff/respondent

John Philip Quearney

Defendant/appellant

Jean Quearney

Defendant/appellant

Procedural Posture

Application for Extension of Stay on Order for Possession / Court of Appeal Judgment on Stay Application

Legal Issues

  1. 1 Whether defendants are entitled to a further extension of stay on execution of possession order
  2. 2 Whether delay in separate proceedings justifies further stay
  3. 3 Whether alleged breach of injunction affects entitlement to stay

Ratio Decidendi

The application for a further stay was refused because the proceedings are unconnected, the applicant has already benefited from a liberal postponement, delay is not attributable to the bank, and further postponement would improperly link enforcement of the possession order to the outcome of separate litigation.

Court Disposition

application refused

Orders

  • Application for further stay on execution of possession order is refused.