High Court, in an ex tempore judgement, dismisses appeal and affirms decision of the Circuit Court granting an order for possession of the appellants' family home, on the grounds that: (a) there was a default by the date of demand made by the respondent against the appellants, and consequently the respondent was entitled, per the contract, to call in the entire indebtedness and to look for possession if the entirety of the indebtedness was not paid; and (b) the Circuit Court was correct in its decision to award possession of the subject premises to the respondent.
Ex tempore - appeal of a decision of the Circuit Court to grant an order of possession - family home - appellant argued that the loan contract imposed terms on the appellants which were unfair and were not individually negotiated, that there was a conspiracy by the respondents against the appellants to vitiate their rights, that the appellants were affected by issues relating to tracker mortgages and that there was breach of an EU Directive and the Consumer Credit Act, 1995 - the matter the Court must investigate is the order for possession - whether the Circuit Court was correct to make an order for possession - appeal dismissed.