OSM Partners Spring 2019 Litigation Bulletin

Summary of Developments

This briefing covers some of the more relevant case law and legislative developments in the area of mortgage litigation which have been published since this quarter. 

The efforts of banks, funds and receivers to enforce their security and pursue contractual debts continue to be fiercely resisted by borrowers, tenants and indeed those less directly connected to the primary parties. As we have seen in previous bulletins, the courts continue to try to balance the competing rights and obligations of parties on both sides to proceedings with mixed results. 

The key areas are summarised below and we are more than happy to advise or discuss in greater detail any of these issues which are of particular interest or concern to you or your organisation.

The highlights set out in this review include:
High Court considers whether service of proceedings is a “proceeding” within Order 122
High Court considers alleged fraudulent transfers
High Court considers validity of demand for principal sums due
High Court considers requirement to issue a demand prior to appointment of receiver
High Court considers the application of the ‘moratorium’ under the CCMA
High Court considers various lines of defence to a well charging application
High Court considers admissibility of evidence by third party servicer on behalf of Plaintiff
High Court considers defence to summary proceedings by one co-owner of property
Supreme Court considers validity of receiver appointment 
No Consent, No Sale Bill 2019
Land and Conveyancing Law Reform (Amendment) Bill 2019
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For further information on any of the updates discussed here, or for general advice in relation to matters relevant to your business, contact Claire Colfer, Declan Murphy, Richard O'Sullivan or your usual contact in OSM Partners.