The Court of Appeal has extended the time for Y.W. to appeal a High Court decision in a dispute over properties subject to EBS mortgages and a receiver’s appointment. The extension permits an appeal on three limited grounds; it does not decide whether the receiver was validly appointed or overturn the High Court judgment.
In a judgment delivered on 8 December 2015, Mr Justice Gerard Hogan said Y.W., representing herself, had to show that she intended to appeal within the allowed period, made a mistake, and had arguable grounds. The parties accepted that she met the first two requirements. The appeal papers were delayed after the High Court order was perfected on 5 June 2015, while Y.W. faced difficulty obtaining the final judgment and confusion over the filing deadline.
The dispute arose from loans taken by Mr M. in 2005 to buy eight Dublin properties, with a ninth property also charged. The judgment says EBS registered mortgages in 2008. After repayment was demanded, the High Court granted EBS possession of eight properties in October 2009. EBS later purported to appoint Paul McCann as receiver in May 2010.
Following objections to proposed sales of two properties, McCann brought proceedings in April 2014. The High Court rejected Y.W.’s challenge to the mortgages and the receiver’s appointment. She sought permission to appeal on five grounds.
The Court of Appeal found an arguable basis to challenge whether EBS still held the relevant debt or mortgage rights when the receiver was appointed. It also found an arguable issue about whether EBS had executed the appointment deeds in accordance with the legal requirements governing its deeds. The court rejected any challenge to the original mortgages, saying their validity had already been determined in the unappealed 2009 possession order. It also said the receiver’s own signature appeared to meet the statutory execution requirements on the documents then before the court.
The court found Y.W. had an arguable interest in challenging the receiver’s appointment, given her claimed judgment mortgage, but did not determine that claim. It did not allow her privacy and data protection arguments or allegations of trespass to proceed as appeal grounds. Hogan J said any such claims, if made out, would not affect the merits of the High Court judgment and might require separate proceedings.
The court granted an extension to issue a notice of appeal by 17 December 2015. The notice was restricted to the EBS status and entitlement issue, execution of the appointment deed by EBS, and Y.W.’s standing to challenge the appointment.