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Supreme Court: (a) dismisses appeal from High Court, and affirms order for sale of principal private residence of judgment debtor and his wife, where interest on the judgment mortgage and another mortgage were increasing the debt substantially; but (b) places a stay on the order for sale during the lives of the judgment debtor and his wife, on condition that they place their holiday home on the market with a view to discharging a portion of the judgment debt.
Baker J (nem diss): Judgment mortgage - order for sale of principal private residence (PPR) of judgment debtor - sale of other properties (holiday home) - taxed costs arising from long-running litigation - €663K - effect of sale on wife of judgment debtor - joint tenancy of PPR severed by judgment mortgage - Land and Conveyancing Law Reform Act 2009 - ss. 31 and 117(2)(c ) - other mortgage debt against PPR of €800K - sale in lieu of partition - Partition Acts 1868 and 1876 - jurisdiction to order sale - whether partition was available to judgment creditor - s. 7 of the Judgment Mortgage (Ireland) Act 1850 - Supreme Court of Judicature Act (Ireland) 1877 - whether a discretionary remedy - nature of the judgment mortgage - whether there was 'good reason to the contrary' - factors affecting discretion - whether other co-owner might be rendered homeless - Family Home (Protections) Act 1976 - whether good reason to order a sale - change of circumstances - approach on appeal - funds available after sale of PPR - age of co-owner - position of holiday home in Donegal - stay on order for sale - conditional order.
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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