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High Court adjourns an appeal concerning an order for possession on registered land to address a preliminary jurisdictional issue regarding the correct procedure for substituting a party after a change in charge ownership. The court is seeking guidance from the Court of Appeal on whether the substitution of Pepper Finance Corporation (Ireland) DAC for the original plaintiff was proper or if they should have been added as an additional party. This decision follows the rationale from previous cases that question the retrospective effect of substitution on court orders. The outcome will clarify the legal standing of the new party to pursue the appeal proceedings.
High Court, appeal, possession order, Registration of Title Act 1964, Land and Conveyancing Law Reform Act 2013, party substitution, Order 17 RSC (Rules of the Superior Courts), de novo hearing, Court of Appeal, jurisdictional issue, standing, debt-enforcement litigation, banking licence, section 38 Courts of Justice Act 1936, Irish Life and Permanent plc v. Dunne, Irish Bank Resolution Corporation v. Halpin, Permanent TSB plc v. Morrissey.
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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