Land Registry rules preclude husband and wife from inspecting document

Conveyancing and property law – mortgages – husband and wife seeking an order directing the Property Registration Authority of Ireland to make available a certified copy of and instrument they claim this instrument was used to affect a sale to the bank as mortgagee in possession – husband was a director in a company that was the registered owner of Folio MM 3294F - authority refused their application – appropriate court to hear the motion – locus standi – argued that whereas the sale was effected by a transfer by the bank as mortgagee in possession, the appropriate course was for the receiver to sell using his powers - the receiver in this particular case had been criticised for excessive fees charged in other cases - sued the Bank and purchasers in different proceedings – bank seeking to dismiss proceedings on the basis that there is no case to answer – husband and wife argued that they required sight of the instrument for the purpose of pursuing their outstanding claim against the bank and resisting the application to have the proceedings struck out – authority argued that the rules are very clear; the registered owner of property or a person authorised by such owner are the only persons who may inspect the documents in the Registry on a dealing with the property of the owner - special circumstances exception not open to the husband and wife - Land Registration Rules 2012 – could apply to judge hearing other proceedings - application refused.