High Court, in judicial review proceedings, refuses to quash decision of County Registrar of the Circuit Court to grant possession of the applicants' principle private residence to bank following default of mortgage repayments, on the grounds that: the County Registrar considered the legal obligations of certain European Directives and Regulations relating to consumer protection prior to making the impugned order; and acted proportionately and appropriately given the material and information provided.
Judicial review - certiorari - possession proceedings - principle private residence - County Registrar of Circuit Court - decision to grant possession of family home to notice party - alleged status as consumers - European Directive on consumer contracts - background circumstances to application - bankruptcy process - terms of mortgage agreement - Circuit Court procedure leading to order for possession - code of conduct on mortgage arrears - applicants' standing to bring proceedings where they were both adjudged bankrupts at time of making of order for possession - position of official assignee - provisions of consumer contracts European Directive - Registrar reviewed whether terms of loan agreement or mortgage deed fell within scope of or were unfair under Regulations or Directive - Circuit Court's exercise of its jurisdiction to make order for possession - futility of relief - whether remittal would enable applicants to successfully challenge order made given circumstances - issues of contractual fairness - whether lender dealt fairly and equitably with consumer - variable interest rate not unfair - effective means available in Irish law and procedures for borrowers to avoid loans being called in - power of entry requires a court process - transfer clause would not materially affect applicants' position - proportionality analysis.