Court of Appeal dismisses appeal of High Court order for possession of property, on the grounds that, in light of key documents provided: 1) what was the EBS Building Society is now EBS Ltd, and the plaintiff has discharged the requisite onus of proof of demonstrating that EBS Building Society/EBS Ltd at all times remained the lender in respect of these loans and mortgagee in respect of these mortgages; and 2) the receiver was appointed by deed under seal, and this was the method of executing the deeds of appointment that was expressly provided for in the mortgage deeds themselves.
Practice and procedure – mortgages – receivership – application for leave to appeal out of time – whether arguable grounds existed for the appeal – judgment mortgage – application for possession of property in which defendant lives – the status of the EBS – Part XI of the Building Societies Act 1989 – Credit Institutions (Stabilisation) Act 2010 – s. 104(4) of the 1989 Act – Oireachtas has not sought to declare acts to be infringements of the law with retrospective effect – transfer of some mortgages from EBS to EBS Mortgage Finance Ltd. – plaintiff has discharged the requisite onus of proof of demonstrating that EBS Building Society/EBS Ltd. at all times remained the lender in respect of these loans and mortgagee in respect of these mortgages – execution of the deed of appointment by the EBS Building Society – appeal dismissed.