Courts / Clare / Report
Court rejects bid to adjourn Davy Fitzgerald repossession case
Summary
The High Court has refused a pre-trial application to adjourn repossession proceedings brought by Receiver James Anderson, appointed by Pepper Finance Ireland DAC, against Davy Fitzgerald. Ms Helen Fitzgerald, who resides at the property in Co Clare, sought an adjournment until the Residential Tenancies Board (RTB) adjudicated on her claim that she holds a valid tenancy and that no termination notice was served. The plaintiffs opposed the application. Mr Justice Garrett Simons rejected the bid, ruling that the High Court, not the RTB, has jurisdiction to determine whether a binding tenancy exists against the plaintiffs. He noted the 2004 Residential Tenancies Act does not grant the RTB exclusive jurisdiction on this matter and directed that his judgment be brought to the RTB's attention. The case is to be readied for hearing. Mr Fitzgerald, who appears on the RTE Television programme Ireland's Fittest Family, has raised separate issues regarding loans from ACC Bank, alleging fraud by former official Jarlath Mitchell and disputing the validity of the loan transfer to Pepper. He also contests a €25,000 interest surcharge demanded by Pepper and argues the case belongs in the Circuit Court. Lawyers for the fund and receiver rejected these criticisms.
Who, what, where, when and why
What: Report matter: Court rejects bid to adjourn Davy Fitzgerald repossession case. Procedural stage: sentence
When:
- 2023-06-19 Publication
Why: Mr Fitzgerald further claims that he wants to redeem the mortgage of over €200,000 but says he cannot do so because Pepper is demanding an interest surcharge of €25,000, which he claims it is not entitled to. CNI source report
Case subjects
Applicant
Outcome: In a pre-trial application to the court, Ms Helen Fitzgerald sought to have the repossession application adjourned until the Residential Tenancies Board (RTB) had adjudicated on an issue raised by her.
Applicant
Outcome: In a pre-trial application to the court, Ms Helen Fitzgerald sought to have the repossession application adjourned until the Residential Tenancies Board (RTB) had adjudicated on an issue raised by her.
Applicant
Places mentioned
- The High Court
- High Court
Topics
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