Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Order for sale on foot of judgment mortgage is set aside on appeal
|
or click here to request site subscription to search and view all judgments |
Supreme Court allows appeal from High Court, and sets aside a 2005 order for sale where the plaintiff held a judgment mortgage over the interest of one joint tenant of registered freehold land, where subsequent High Court case law had established that an order for sale should not be granted in such circumstances, on the grounds that the Supreme Court had a discretion to consider a new point of law on appeal, and that an injustice would be done to the defendant if the High Court order was affirmed.
Charleton J (nem diss): Special summons - claim for well charging order - judgment mortgage - debt of €27K - claim for account, sale, possession, enquiry and partition - well charging order and order for sale granted in High Court (McKechnie J) in 2005 - whether High Court had jurisdiction to order sale in lieu of partition at suit of judgment creditor whose judgment mortgage affected the interest of only one of two joint tenants - legal position affected by subsequent judgment of High Court - whether new point of law could be raised on appeal - discretion of court to enable a new point to be considered on appeal - law appeared to be settled at time of High Court judgment - whether injustice would be caused by affirming the High Court 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.
