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High Court dismisses an appeal against a Circuit Court order that substituted Everyday Finance as the plaintiff in a property possession case, originally initiated by Promontoria (Oyster). The appeal contested the Circuit Court's decision on the grounds of an alleged prior refusal to substitute and a failure to serve valid notification letters. The High Court found that the Circuit Court had not previously refused the substitution but had adjourned the application to remedy deficiencies in the notice of assignment. The High Court also refused Everyday Finance's request to introduce new evidence on appeal, emphasizing the importance of presenting all relevant evidence at the initial trial. The case will now return to the Circuit Court for a substantive hearing on the possession order, with the High Court leaving open the possibility for the defendant to challenge the validity of the debt transfer at that stage.
Substitution of parties, property possession, appeal, Circuit Court, High Court, Everyday Finance, Promontoria (Oyster), notice of assignment, Supreme Court of Judicature Act (Ireland) 1877, Registration of Title Act 1964, prima facie evidence, procedural adjournment, legal threshold, statutory notice requirement, Order 22 rule 4 (Circuit Court Rules), Order 17 rule 4 (Rules of the Superior Courts), Order 123 (RSC), debtor and assignee, legal chose in action, adjournment, appeal refusal, evidence on appeal, case management, costs of appeal.
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