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High Court adjourns an appeal to a plenary hearing concerning an order for possession of a property, initially directed by the Circuit Court. The plaintiff, a financial corporation, failed to establish conclusive evidence of legal ownership of the charge and underlying debt, as the documentation provided was heavily redacted and incomplete. The defendant has raised credible grounds for defense, necessitating a full hearing to resolve the legal and factual issues presented. The original decision by the Circuit Court to grant possession to the plaintiff has not been affirmed due to these evidentiary shortcomings.
High Court, appeal, possession order, plenary hearing, Registration of Title Act 1964, Land and Conveyancing Law Reform Act 2013, beneficial interest, legal ownership, charge, underlying debt, affidavit evidence, redacted documentation, Bank of Ireland Mortgage Bank v. Cody, Tanager DAC v. Kane, Supreme Court, Circuit Court Rules, Order 5B, bare trustee, Property Registration Authority of Ireland, Pepper Finance Corporation (Ireland) DAC, Windmill Funding Ltd, mortgage sale deed, Rules of the Superior Courts (RSC), adjudicative function, evidential presumptions, legal title.
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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