High Court dismisses appeal of Circuit Court order granting the plaintiff possession of the defendant's mortgaged property, and refuses the first defendant's application for discovery, on the grounds that the defendant has not advanced any stateable or bona fide defence in respect of the plaintiff's claim, and the plaintiff has established its entitlement to an order for possession.
Proceedings relate to order for possession of property - plaintiff mortgagee recovered possession from defendants mortgagors - defendants principal private residence - appeal of this - de novo - in Circuit Court first defendant also sought discovery which was refused - this is an appeal of those two orders - consideration by High Court of s.62(7) of the registration of title act 1964 - decision in Bank of Ireland v Cody - court satisfied plaintiff is registered owner of the mortgage - and that charge was created by defendants as mortgagees - and done pursuant to monies borrowed and secured against property - consideration of question of default - court satisfied defendants in default - resulting in monies becoming due and not having been paid - court finds application made in good faith with a view for realising security - court further satisfied Circuit Court had jurisdiction to hear claim - first defendant sought discovery on basis of trying to uncover something "highly suspicious" at play - HC finds 1st defendant did not comply with O. 61, r. 8 - HC declines application to grant new evidence - HC further refuses to have this case proceed to plenary hearing - HC satisfied 1st defendant has no defence - 1st defendant only offers mere assertions - discovery should be refused as a result - discovery not appropriate in summary proceedings - consideration Harrisrange v Duncan - illustrates that HC has very limited discretion to refuse an application for possession - court concludes that it is satisfied defendant has not advanced any stateable or bona fide defence - that plaintiff is entitled to order for possession of the mortgaged property.