property photoIn a recent High Court case, the judge refused to remit a debt recovery action to the Circuit Court as he believed an important point of law arose which could only be adjudicated on by the High Court.

The plaintiff, who purchased the Ulster Bank’s interest in the loan, sought to enforce a lien in respect of the debt and claimed the lien was properly registered on the Defendant’s lands.  However, the Defendants argued that the lien was not validly registered as the Registration of Deeds & Title Act, 2006, required that any such lien be registered before 31 December 2009.   They argued that the plaintiff’s lien, in this case, had only been lodged for registration on 31 December 2009 and was therefore invalid.

The judge felt an important point of law arose as to whether it is sufficient for the purposes of the Act that before 31 December 2009 the holder of such a lien merely has made an application to the land registry for registration of the lien as a burden or whether the application for registration should be fully completed before 31 December 2009.

The Defendant was indebted to the plaintiff for a sum in excess of €300,000 and it was important for both parties to leave the issue for the High Court to adjudicate on as its conclusion would determine which one of the litigants would succeed.

Promontaria ( Oyster) DAC v Michael Kean  [2021] IEHC 796

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