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Defendant did not challenge validity of loan documentation in possession proceedings

By: Colm Scott Byrne BL

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High Court grants an order for possession of the defendant's property, on the grounds that the plaintiff had discharged the onus of proof upon it in circumstances where the defendant did not challenge the validity of the loan documentation supporting the claim.

Application for an order for possession - section 62(7) of the Registration of Title Act 1964 - Land and Conveyancing Law Reform Act 2009 - the defendant's responding affidavit appeared to be directed at separate proceedings involving the parties - the defendant did not challenge the validity of any of the loan documentation - the uncontroverted evidence before the Court established that the plaintiff was the owner of the registered charge, and that the principal monies under the two loan agreements were due and owing - it appeared from a copy of the mortgage that the power of sale had arisen - Court made 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.

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