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High Court directs a plenary hearing for a property possession case, specifying the defenses the defendant may rely on. The court's decision follows a summary application for possession of two properties under statute, as amended. The court rejected some defenses as not arguable, while others were deemed to require a full hearing. The court also struck out the defendant's motions seeking to dismiss the plaintiff's claim, as they mirrored defenses already considered. Costs of the proceedings to date were determined to be costs in the cause, and a stay was granted for the exchange of pleadings, pending potential appeals.
High Court, property possession, Registration of Title Act 1964, plenary hearing, summary application, special summons, arguable defense, European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, Central Bank Act 1997, Consumer Protection (Regulation of Credit Servicing Firms) Act 2015, documentary evidence, loan sale, securitization, service of demand letter, enforceability, compliance with contract terms, costs in the cause, stay pending appeal.
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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