High Court: (a) grants a well-charging order in respect of a number of properties owned by three brothers arising from a judgment mortgage exceeding €19 million, on the grounds that it had not been necessary to re-register the judgment mortgage every time a payment was made against the judgment debt, or for the mortgagee to provide valuation evidence concerning the security; (b) in respect of two of the properties, adjourns the application for an order for sale generally, and directs that the co-owner of each property be joined in the event of the proceedings being re-entered; and (c) in respect of a third property, grants an order for sale and other reliefs.
Three related actions by bank concerning properties - actions against three brothers - well-charging order - order for sale - order for possession - applications by spouses of defendants - claims concerning principal private residences of defendants - claim for €19 million - judgment mortgage registered - loan to purchase 80 acres of land - proposal to develop a data centre - compromise agreement - alleged obstruction and frustration of agreement by defendants - application for delivery of interrogatories - s.31 of the Land and Conveyancing Law Reform Act 2009 - whether fresh application should be made to register a judgment mortgage every time a payment was made against the judgment debt - whether valuation evidence required to be place before court by mortgagee.