Order for possession upheld where no credible defence is identified

By: Damian Byrne

or click here to request site subscription to search and view all judgments

High Court refuses an appeal of a Circuit Court order for possession, granted on foot of a default on a loan facility, on the grounds that a prima facie case for an order for possession has been shown by the plaintiff based on the undisputed evidence in this case, and no credible defence has been identified by the defendant.

Appeal against an Order for Possession in respect of a property registered in the sole name of the Defendant/Appellant - occupied as a family home by his spouse and children - Bank of Scotland (Ireland) Limited made a loan facility available to the Defendant on certain terms and conditions. The sum advanced was €350,000.00 - Defendant defaulted in the terms of the loan facility - Circuit Court confirmed that the Plaintiff was entitled to possession - whether the Plaintiff has established that they are the owner of the charge and that the right to seek possession has arisen and is exercisable on the facts - whether the Defendant/Appellant has identified a credible or arguable defence - a prima facie case for an Order for Possession has been shown by the Plaintiff based on the undisputed evidence in this case - no credible defence has been identified by the Defendant and the Plaintiff is entitled to an Order for Possession. 

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.

The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.

Register Now

Leave a Comment

Your email address will not be published. Required fields are marked *