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The High Court refused an appeal by borrowers against the Circuit Court's decision not to strike out possession proceedings brought by a lender over a mortgaged property. The borrowers argued that previous unsuccessful possession efforts by the lender constituted an abuse of process and that fresh proceedings should be struck out. The court held that neither the 2016 nor 2021 proceedings resulted in a determination on the merits, and that correcting mistakes in prior cases did not amount to an abuse of process. The case will proceed to trial, with the borrowers' substantive challenge to the mortgage agreement left for determination there. The court gave an indicative finding that the lender is entitled to costs of the appeal, subject to a stay pending resolution of the full proceedings.
possession proceedings – mortgage arrears – strike out application – abuse of process – Order 19 – Rule 28 of the RSC – notice of discontinuance – costs orders – res judicata – final determination – loan agreement validity challenge – Circuit Court – High Court – application to strike out – disputed costs – litigation finality
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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