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Possession order granted over residential property following loan defaults and expired terms
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The High Court granted an order for possession in favour of the plaintiff against the defendants in respect of a residential property after finding that the defendants had defaulted on repayments under two loan agreements, the terms of which had both expired. Despite the defendants' arguments regarding the allocation of repayments, assertion of an engineered default, and requests for discovery, the court determined that there was clear evidence the plaintiff was entitled to seek possession and exercise a power of sale arising from breach and expiry of the loan terms. The court found the documentary evidence uncontradicted and held that alleged oral agreements or payment arrangements could not override the written contracts. Discovery sought by the defendants was refused as irrelevant to the possession application. The court proposed to address costs at a subsequent mention date.
order for possession – default on loan repayments – expired loan terms – mortgagee’s power of sale – principal private residence – loan and mortgage agreements – allocation of repayments – engineered default allegations – request for discovery refused – Rules of the Superior Courts (RSC) – Land and Conveyancing Law Reform Act 2013 – oral agreement inadmissibility – summary application – circuit court appeal – costs reserved
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