Irish Life & Permanent Plc t/a Permanent TSB v Beades
| Jurisdiction | Ireland |
| Judge | Mr. Justice Tony O'Connor |
| Judgment Date | 24 May 2019 |
| Neutral Citation | [2019] IEHC 359 |
| Docket Number | [2012 No. 331 S.P.] |
| Court | High Court |
| Date | 24 May 2019 |
[2019] IEHC 359
THE HIGH COURT
O'Connor Tony J.
[2012 No. 331 S.P.]
AND
Property – Possession order – Named plaintiff – Second plaintiff seeking an order naming it as the sole plaintiff in the proceedings – Whether the first plaintiff no longer had an interest
Facts: The first plaintiff, Permanent TSB, was granted an order for possession of Nos. 2, 3 and 4 Fairview Avenue, Dublin, following the judgment of McGovern J delivered on 25th February, 2014. The Supreme Court determined on 6th October, 2016, that it would not hear the appeal of the defendant, Mr Beades, from the judgment and order of McGovern J. The defendant was notified of the transfer of the relevant loan facility and mortgage in October 2015, to Cheldon Property Finance Ltd. Mr Beades’ appeal from the order of McGovern J had not been determined at that stage and Cheldon Property Finance Ltd had then an interest in the appeal. The Court of Appeal, by the order of 17th October, 2016, granted the application to join Cheldon Property Finance Ltd as an additional named plaintiff in that appeal on condition that if Mr Beades was unsuccessful in his appeal, he would not have to incur additional costs as a result of that addition. The title of the proceedings was therefore altered by the Court of Appeal which dispensed with the necessity to reserve the proceedings upon the defendant who then appeared before the Court of Appeal as a lay litigant. On 19th September, 2016, the Registrar of Companies certified that Cheldon Property Finance Ltd converted to Cheldon Property Finance DAC (‘Cheldon’). On 13th November, 2017, the Court of Appeal which heard Mr Beades in person, counsel for Permanent TSB and counsel for Cheldon: (i) refused an application by Mr Beades about the composition of that court; (ii) refused to adjourn the hearing of the full appeal to allow Mr Beades to apply to the Supreme Court for leave to appeal the said refusal about the re-composition of the Court of Appeal; and (iii) dismissed the appeal of Mr Beades from the judgment given on the 25th February, 2014 and order made on the 6th March, 2014. Cheldon applied to the High Court pursuant to O. 17, r. 4 of the Rules of the Superior Courts 1986 naming Cheldon as the sole named plaintiff, given that Permanent TSB no longer had an interest. Cheldon also applied for an order pursuant to O. 42, r. 24 (a) of the Rules of the Superior Courts granting Cheldon liberty to issue execution on foot of the order of McGovern J.
Held by O’Connor J that the following orders may be made according to the notice of motion issued on the 7th March 2019 on behalf of Cheldon: (a) an order pursuant to O. 17, r. 4 of the Rules of the Superior Courts naming Cheldon as the sole plaintiff in these proceedings; (b) an order pursuant to O. 42, r. 24(a) of the Rules of the Superior Courts granting Cheldon liberty to issue execution on foot of the order of the High Court (McGovern J) dated 6th March, 2014, and more particularly for the properties described in the schedule of the notice of motion which could be attached to this order; (c) an order pursuant to O. 28, r. 12 of the Rules of the Superior Courts amending the possession order so as to name Cheldon in the place of Permanent TSB as the plaintiff in the title thereof.
Cheldon applied to the High Court for a further order to assist execution arising from the tenor of the judgment which O’Connor J gave about the wasting of resources, not only those of the Court, but also those of Cheldon, and potentially of Mr Beades, who was acting with apparent financial impunity in view of the extent of his indebtedness. O’Connor J accepted that counsel for Mr Beades was not on notice and that he needed to have proper notice in relation to any application that would be made. However, the Court stressed that it would not allow its processes to be used by litigants for delaying the inevitable. In that regard, O’Connor J gave liberty to Cheldon to issue a notice of motion returnable for 5th June 2019 before the Court, to be served, in accordance with the rules, on the solicitors on record for Mr Beades, if a further application was deemed necessary.
Orders granted.
The first named plaintiff, (‘ Permanent TSB’) was granted an order for possession of Nos. 2, 3 and 4 Fairview Avenue, Dublin, following the judgment of McGovern J. delivered on 25th February, 2014, [2014] IEHC 81. More specific descriptions of the properties are set out in the perfected order.
No issue was raised by counsel for the defendant (‘ Mr. Beades’) in relation to the changes of name of Permanent TSB. Any such attempt would have been futile in any event.
It is noted also that the Supreme Court determined on 6th October, 2016, that it would not hear the appeal of Mr Beades from the judgment and order of McGovern J.
The defendant was notified of the transfer of the relevant loan facility and mortgage in October 2015, to Cheldon Property Finance Limited. Mr. Beades” appeal from the order of McGovern J. had not been determined at that stage and Cheldon Property Finance Limited had then an interest in the appeal.
The Court of Appeal, by the order of 17th October, 2016, granted the application to join Cheldon Property Finance Limited as an additional named plaintiff respondent in that appeal on condition that if Mr. Beades was unsuccessful in his appeal, he would not have to incur additional costs as a result of that addition. The title of these proceedings was therefore altered by the Court of Appeal which dispensed with the necessity to reserve these proceedings upon the defendant who then appeared before the Court of Appeal as a lay litigant. The fact that the Courts Service of Ireland website does not reflect the change in the title of the proceedings arising from the order made by Court of Appeal, does not avail Mr Beades. The title to these proceedings were altered by that order.
On 19th September, 2016, the Registrar of Companies certified that Cheldon Property Finance Limited converted to Cheldon Property Finance Designated Activity Company which is now the applicant to this motion before the Court and this Court now refers to it as ‘ Cheldon’.
On Monday, 13th November, 2017, the Court of Appeal which...
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