The High Court gave Pepper Finance Corporation (Ireland) DAC 14 days to deliver statements of claim in two actions concerning properties in Dublin 3 and Dublin 7. It refused the occupants’ applications to dismiss the cases and said execution of its orders on costs would be stayed pending the proceedings’ final determination.
Mr Justice Allen delivered the judgment on 15 March 2022. The applications arose because Pepper had not filed statements of claim after occupants requested them. The actions seek possession and injunctions concerning 31 Richmond Avenue, Dublin 3, and 21 Little Mary Street, Dublin 7.
Pepper argued that the actions were effectively moot and that a trial would waste court time and legal costs. It relied on earlier decisions in related proceedings, including appeals that occupants had lost. The occupants argued they were entitled to know the claims they had to answer and to have their civil rights determined. They said the earlier interlocutory decisions did not determine the actions’ final outcome.
The judgment recounted that the High Court had granted Pepper interlocutory orders in November 2020 requiring the surrender of possession and restraining interference with the properties, pending trial. The Court of Appeal later dismissed appeals against those orders. In separate proceedings over compliance, the High Court found that occupants had breached the orders; after the orders were complied with, the attachment orders were discharged. Those earlier decisions were not a final determination of Pepper’s claims for permanent orders in the two actions.
Justice Allen said the earlier rulings made the occupants’ prospects poor, but the actions could not be treated as moot without a finding that Pepper was entitled to permanent orders. He accepted that the occupants were entitled to have Pepper’s case set out in statements of claim. Pepper had not asked the court to decide whether it was entitled to summary judgment.
The court extended the time for filing a statement of claim in each action by 14 days and awarded the moving parties the costs of the motions. It also stayed execution on those costs orders pending final determination of the proceedings. The motions were listed for mention on 22 March 2022 in case a different costs order was sought. The judgment did not decide the ultimate claims for possession or injunctions.