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High Court refuses to grant an interlocutory injunction sought by a mortgagee asserting possession of a property, on the grounds that the defendants had raised serious issues to be tried concerning the mortgagee's entitlement to possession, and the balance of convenience favored the defendants, who have resided in the property for nearly thirty years.
interlocutory injunction - mortgagee in possession - order of possession - trespass - execution discrepancies - serious issue to be tried - balance of convenience - dwelling house - enforcement of court orders - res judicata - procedural history - negative equity - family home - legal formalities - County Registrar - Under-Sheriff - Court Messenger - Rules of the Superior Courts (RSC) - Enforcement of Court Orders Act 1926 - prima facie entitlement - collateral attack - abuse of process - European Court of Human Rights (ECtHR), Rousk v. Sweden - Article 40.5 of the Constitution of Ireland - Mars Capital Finance Ireland DAC - legal costs - Chancery List.
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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