High Court upholds a judgment mortgage against a debtor's interests in lands, confirming the mortgagee's entitlement to the judgment debt of €415,997.15. The court rejected the debtor's novel argument that the mortgagee was required to seek leave to issue execution prior to seeking the well charging order. The court also granted an order for the sale of the lands in default of payment, with all necessary accounts and inquiries to be taken. The original judgment was obtained by Danske Bank A/S, which was later assigned to the plaintiff, and despite procedural irregularities in the documentation, the court found the registration of the mortgage by the Property Registration Authority conclusive.
Judgment mortgage, Land and Conveyancing Law Reform Act 2009, Property Registration Authority, execution order, Order 42 of the RSC, Danske Bank A/S, assignment of debt, well charging order, order for sale, County Limerick lands, debtor's interest, mortgagee entitlement, conclusive evidence, procedural irregularities, Smyth v Tunney, Tanager v Kane, section 117(2)(a) and (b) of the 2009 Act.