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Supreme Court dismisses appeal from High Court, and: (a) affirms determination that a receiver had been validly appointed, where a mortgage deed included reference to certain legislation, on the grounds that the contractual reference to the legislation was not removed by the subsequent repeal of the legislation; and (b) affirms order to deliver vacant possession of property to the receiver.
Relief sought in proceedings: Delivery of vacant possession of lands to receiver.
Application before the court: Appeal from order of possession and determination that receiver had been validly appointed.
Outcome: Appeal dismissed.
Grounds: Right of bank to appoint a receiver had been conferred by borrower under mortgage by reference to 1881 legislation; repeal of legislation did not remove contractual right.
Dunne J (nem diss): Appointment of receiver - delivery of vacant possession to receiver - Interpretation Act 2005, s. 27(1)(c) - Land and Conveyancing Law Reform Act 2009 - whether 2009 Act affected right of bank to appoint a receiver to premises - whether receiver appointed too speedily following demand for payment - 2007 mortgage - letter of demand in 2011 - validity of appointment of receiver - reference in mortgage to Conveyancing Act 1881 - role of receiver - whether Oireachtas intended to disapply provisions of 1881 Act to mortgages created prior to commencement of 2009 Act.
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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