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The High Court dismissed an appeal by two borrowers against orders permitting a lender to substitute itself as plaintiff and to execute a possession order for a residential property. The appeal centred on the adequacy of documentary evidence establishing the transfer of the mortgage loan between lenders, with the borrowers challenging redactions made to the key documents. The court found that, although some parts remained redacted to protect unrelated third-party information, the operative sections confirming the loan transfer were unredacted, sufficiently explained, and proved on the balance of probabilities. The orders of the Circuit Court were affirmed, but given the appellant's prolonged poor health and personal circumstances, a six-month stay on execution was granted and no order for costs was made.
appeal dismissed – order for possession – substitution of plaintiff – mortgage loan transfer – summary possession proceedings – redacted documents – burden of proof – execution order – Rules of the Superior Courts (RSC) – balance of probabilities – delay – judicial discretion – personal circumstances – costs – stay on execution
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