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Supreme Court dismisses appeal from High Court, and affirms an order for possession of two pieces of land, on the grounds that: (a) an apparent error in the description of the land in the mortgage had not been raised at the time of the mortgage or before the High Court, and it was not material to the decision of the court; (b) the transfer of the mortgage and charge from the original lender to the plaintiff in the action was valid; (c) the plaintiff was validly registered under the legislation concerning regulation of financial institutions; (d) an alleged penal charge in the mortgage was not relevant to the entitlement of the plaintiff to possession of the property; and (e) any interference with the borrowers' property rights or right to a family home arose from their decision to commit the properties as security for a loan.
McKechnie J (nem diss): Order for possession of lands - registered and unregistered property - family home - error in delineation of property in relevant mortgage and charge - whether lender was registered body under Central Bank Act 1997 - whether fees and interest rates were excessive - right of borrowers to family home - Article 8 of the European Convention on Human Rights - default in loan - new ground of appeal raised shortly before hearing - transfer of title.
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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