High Court, on appeal from the Circuit Court, grants an order for possession of a dwelling house on the application of a mortgagee, on the grounds that: (a) the lender had established the proofs necessary to grant possession on summary application; (b) the borrower had asserted contradictory information in defence of the application, including an assertion that the dwelling house was a family home where he had asserted earlier that it was not; and (c) a separate action by the borrower's non-marital partner (and mother of his three children) to challenge the constitutionality of the family home protection legislation was not a basis to place a stay on the application for possession.
Application by mortgagee for possession of dwelling house - appeal from Circuit Court - section 3 of the Land and Conveyancing Law Reform Act 2013 - new proceedings issued by partner of borrower - challenge to constitutionality of Family Home Protection Act 1976 - whether claim for possession should await outcome of other proceedings - test in applications for summary possession - dwelling house not a family home within the meaning of the Act of 1976 - declaration by mortgagor that dwelling house was not a family home - default of defendant.