High Court refuses to discharge a properly registered judgment mortgage entered against the defendant's lands in South County Dublin on foot of a prior order granted for final judgment against the defendant in the amount of €455,000, in circumstances where: 1) the purported lodgement by the defendant of monies into court 'without any admission of liability' cannot seek to 'replace' the security of the judgment mortgage already granted to the plaintiff; and 2) the court retains no equitable jurisdiction to interfere with the associated statutory rights created by the proper registration of a judgment mortgage in this case for the benefit of the mortgagee (plaintiff).
Application to remove and/or discharge a judgment mortgage entered on defendant's lands - number of related judgement proceedings between parties - judgment granted in plaintiff's favour as against defendant in sum of €455,000 - enforcement - issuance of fresh plenary and summary proceedings by defendant against plaintiff seeking to recover €11 million arising from investment advices said to have been provided by the plaintiff - whether plaintiff is attempting to divest himself of assets which might be available to satisfy any judgment which may be obtained against him - defendant as a joint owner of unregistered premises in County Dublin now the subject of a judgment mortgage registered by plaintiff - whether court should vacate the judgment mortgage in circumstances where monies have been lodged in the Central Office of High Court to the credit of the suit - whether court has jurisdiction to make the order sought - characterisation of judgment mortgage - statutory provisions - 'volunteer' - jurisdiction to vacate/cancel - applicable case law - registration - inherent/original jurisdiction of court - rights of judgment mortgagee - remedy in aid of security - whether equity can intervene - no arguable case that the lodgement by defendant of the monies necessary to meet the amount of the plaintiff’s debt is equivalent to a discharge of that judgement debt - monies held in a form of escrow - lack of any equitable jurisdiction vested in the court as a result of the statutory scheme in place - 'marvea-type' relief in reality sought by defendant - no stay on grant of prior judgment - relief refused.