St Canices's Kilkenny Credit Union Ltd v Molloy

 
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[2015] IECA 39

THE COURT OF APPEAL

Kelly J.

Irvine J.

Hogan J.

Appeal No. 18/2014
St Canices's Kilkenny Credit Union Ltd v Molloy

Between

St. Canices's Kilkenny Credit Union Limited
Plaintiff

and

Monica Molloy
Defendant

18/2014 - Kelly Irvine Hogan - Court of Appeal - 2/2/2015 - 2015 IECA 39

Debt - Judgment sum - Judgment mortgage - Well charged on her interest in land - Discharge of debt - Application for extension of time to appeal - Test to be applied - Eire Continental Trading Company v. Clonmel Foods [1955] I.R. 170 - Whether arguable ground of appeal

1

1. This is the application of Monica Molloy who is the defendant in these proceedings which were before the High Court in 2013. She now seeks from this Court an extension of time within which to appeal against an order which was made by Dunne J. in October 2013.

2

2. The background to the case can be summarised as follows. Ms. Molloy has a debt which she owes to St. Canice's Kilkenny Credit Union Limited. It brought proceedings against her in the High Court and recovered a judgment for a sum of €119,000. It converted that judgment into a judgment mortgage and in due course applied to the High Court for an order that the mortgage was well charged on her interest in lands which are registered in her name. That order was made in its favour on the 7 th October, 2013. The order follows the usual pattern of what one would call a "primary order". It declared that the monies were well charged on the lands and it ordered that in default of the payment of them, the lands be sold at such time and place and subject to such conditions of sale as would be settled by the court. Dunne J. then went on to direct the Examiner of the High Court to conduct accounts and inquiries, two of which I mention. The first is an account of all encumbrances subsequent as well as prior to and contemporaneous with the plaintiff's demand and second, that an inquiry as to the respective priorities of all such demands. The matter has proceeded before the Examiner in accordance with that order.

3

3. Ms. Molloy does not deny that she owes the money to the credit union, but she seeks nonetheless to appeal the order of Dunne J. I have to say that it is not immediately apparent to me what advantage there would be to her even if the...

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