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Injunction refused and sale of property to proceed despite owner’s claim
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High Court refuses a joint property owner's application for interlocutory relief to halt the sale of her property and affirm her right to redeem the mortgage. The court found that the owner's claim to the property as her principal private residence (PPR) was previously settled and could not be re-litigated, constituting an abuse of process. Additionally, the court determined that the owner did not effectively exercise her right of redemption prior to the property's auction, as her funding arrangement did not meet the necessary criteria for a valid exercise of that right. Consequently, the court refused to grant the interlocutory injunction, allowing the sale of the property to proceed.
Interlocutory relief, principal private residence (PPR), mortgage redemption, abuse of process, auction, equitable right, bona fide exercise, tender of mortgage debt, Central Bank's Code of Conduct on Mortgage Arrears, High Court, balance of justice, funding arrangement, special purpose vehicle, declaration of trust, undated conveyance.
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.
