Gowrie Park Utility Society Ltd v Fitzgerald

• Jurisdiction: Ireland
• Judgment Date: 25 July 1963
• Date: 25 July 1963
• Court: High Court

(H.C.)

Gowrie Park Utility Society Ltd

and

Fitzgerald

Possession given under caretaker's agreement -Termination of agreement - Right of mortgagee to recover possession - Judgment Mortgage (Ireland) Act, 1850, ss. 6, 7.

The plaintiffs who had registered a judgment as a mortgage against the lessee's interest in a certain house and premises entered into a written contract as such judgment mortgagees for the sale thereof to the defendant whom they subsequently allowed into possession under a care-taker's agreement. Having terminated the agreement, the plaintiffs brought proceedings in the Dublin Circuit Court by ejectment civil bill on the title. The Circuit Court Judge gave a decree for possession and on appeal by the defendant to the High Court it was held by Henchy J. that the order of the Circuit Court Judge should be affirmed. Held further by Henchy J. 1, that the defendant was estopped from...