The High Court has struck out proceedings brought by Séamus Duffy challenging a receivership over mortgaged properties and ordered that lis pendens registered over five folios in County Louth be vacated.
In a judgment delivered on 22 July 2021, Mr Justice Twomey said the claims were bound to fail when assessed against the loan and mortgage documents. The application to strike out was brought by Havbell DAC and receiver Aiden Murphy. The judge said the court could examine the documents because the case depended on them and was unlikely to turn on evidence that might emerge at trial.
The judgment records that Permanent TSB extended loan facilities to Mr Duffy and his wife between 2007 and 2008. The loans were secured by a mortgage over nine properties in County Louth and County Monaghan. The court said the borrowers had not repaid the loans and that more than €2.3 million remained due. The loan facilities were transferred to Havbell in 2015, and Murphy was appointed receiver in April 2018. An auctioneer was engaged to market the properties, but the judge said they had not been sold.
Mr Duffy issued proceedings in June 2018 and sought 51 forms of relief, including declarations and injunctions. His claims included that the loans and mortgage were invalid, that the receiver’s appointment was unlawful, and that his property, privacy and data protection rights had been breached. He also sought relief against the Property Registration Authority, which was not a party to the case.
Duffy did not attend either hearing date for the strike-out application, on 1 and 9 July 2021, despite being notified of both dates and remote access details. The court postponed the first hearing to give him another opportunity to attend, then proceeded in his absence at the second hearing.
The judge found no evidence supporting the claims in Duffy’s statement of claim and described them as assertions without a credible basis. He relied on mortgage terms providing for transfer of the mortgage and appointment of a receiver following default. He also rejected the argument that moving into a mortgaged property could change the nature of a commercial loan. On the data claims, the judgment noted that Duffy did not claim to have suffered loss and that the mortgage contained provisions authorising specified processing and disclosure of information. The judge said criminal complaints were not for the court to determine.
The court granted the relief sought by Havbell and Murphy: the proceedings were struck out and the lis pendens vacated. The judgment asked the parties to try to agree outstanding matters. If final orders remained necessary, the case was to be listed for mention one week after delivery of judgment.