Property possession claim adjourned to plenary hearing where defence claimed it was time-barred

The High Court has refused to grant an order for possession of a residential investment property by way of summary judgment, and adjourned the matter for plenary hearing, on the grounds that there was an arguable defence that the action was statute-barred. The defendants, joint administrators of the deceased's estate, argued that the cause of action arose during the deceased's lifetime, making the proceedings untimely as they were not commenced within two years of his death. The plaintiffs contended that their cause of action only arose after the deceased's death and that they had provided sufficient evidence of their entitlement to seek possession. The court found that the defendants presented a credible defence that warranted further scrutiny in plenary proceedings, particularly concerning the statute of limitations and the validity of an alleged loan restructuring agreement.