Judg­ment later in pos­ses­sion or­ders case

The Irish Times - Business - - Business This Week | News -

The Supreme Court will give judg­ment later on an ap­peal with im­pli­ca­tions for fi­nan­cial in­sti­tu­tions to seek re­pos­ses­sion or­ders where there is de­fault on cer­tain do­mes­tic prop­erty mort­gages.

Per­ma­nent TSB has ap­pealed a Court of Ap­peal de­ci­sion of July 2016 which found the Cir­cuit Court did not have ju­ris­dic­tion to make pos­ses­sion or­ders for six Dublin prop­er­ties mort­gaged through PTSB by busi­ness­man David Lan­gan.

The cen­tral is­sue was that Mr Lan­gan’s prop­er­ties were built after 2001 when a new law deal­ing with the rate­able val­u­a­tion of prop­erty was passed. The 2001 Val­u­a­tion Act pro­vided that do­mes­tic dwellings, sub­ject to cer­tain ex­cep­tions, were not rate­able. For a lender to seek a re­pos­ses­sion or­der in the Cir­cuit Court it had been the sit­u­a­tion a prop­erty had to have a rate­able val­u­a­tion not ex­ceed­ing €253.95. Mr Lan­gan ar­gued, in le­gal pro­ceed­ings brought against him by PTSB, that the Cir­cuit Court had no ju­ris­dic­tion to or­der re­pos­ses­sion be­cause his prop­er­ties were not rate­able.

New laws were passed in 2009 and 2013 which re­solved the Cir­cuit Court ju­ris­dic­tion is­sue. How­ever, the Court of Ap­peal 2016 rul­ing meant prop­er­ties built after 2001, and not fall­ing within the ex­cep­tions cre­ated by the 2009 and 2013 laws, were not sub­ject to the ju­ris­dic­tion of the Cir­cuit Court.

In the ap­peal to the Supreme Court, Brian Mur­ray SC, for PTSB, said if the prop­er­ties con­cerned were not rate­able, and ac­cord­ingly not rated, it fol­lowed their rate­able val­u­a­tion did not ex­ceed €253, and so the Cir­cuit Court had ju­ris­dic­tion.

Op­pos­ing the ap­peal, Louis McEn­ta­gart SC, for Mr Lan­gan, said the Supreme Court should ac­cept, as the Court of Ap­peal had, what was con­ferred on the Cir­cuit Court un­der the laws gov­ern­ing its ju­ris­dic­tion.

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