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High Court grants an order for summary judgment against a borrower, on the grounds that the defendant has not demonstrated any fair or reasonable probability that there has been an actionable breach of the Code of Conduct on Mortgage Arrears, or any specified ensuing losses which could operate by way of a defence to a bare claim for repayment of a monetary sum, even assuming that such a claim could arise under the legislation invoked by the defendant.
Summary judgment - section 44 of the Central Bank (Supervision and Enforcement) Act, 2013 - Code of Conduct on Mortgage Arrears - whether non-compliance with the Code results in the demand for payment being unlawful - present claim was not a claim for possession of the mortgaged premises, but rather an application for liberty to enter judgment for the monetary amount due by the borrower - Code of Conduct is not directed at summary judgment proceedings - there is no general jurisdiction in the courts under the law to consider whether the actions of a lender might be considered to be fair or reasonable and legislation would be required to confer such a role - no evidence there is a fair or reasonable probability that the defendant has passed the low threshold required to send this case to plenary hearing - Code will continue to apply in separate legal proceedings seeking repossession - summary judgment granted.
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