Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court, in a judgment arising from previous High Court orders for possession of properties, orders: (1) that the name of the plaintiff be changed to reflect the fact that the loan facility has been transferred to another entity; (2) that liberty be granted for the Plaintiff to issue execution on the High Court orders for possession; and (3) that the order for possession be amended to reflect the name of the new Plaintiff, on the grounds that the opposition to this application were procedural arguments designed to thwart the execution of long-standing orders and to frustrate the inevitable effect of the High Court’s previous judgment.
Application to change the plaintiff – application for liberty to issue execution on foot of the order of the High Court – High Court granted plaintiff possession of defendant’s property –loan facility transferred to another entity - application to join the new creditor as an additional named plaintiff granted by the Court of Appeal - appeal dismissed –original plaintiff no longer has an interest - proceedings and orders of this Court should now accurately reflect the true position given the transmission of interests and conversion of the new owner of the loan - desirable, if not necessary, to ensure that an execution order is proper on its face - attempt to frustrate the orders for possession made so many years ago – name of plaintiff changed – liberty granted to issue execution on foot of the High Court’s order for possession - order for possession amended to change the name of the plaintiff.
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.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now