The High Court has awarded Start Mortgages Designated Activity Company its costs after it succeeded in seven applications connected with its bid for possession of property owned by Rosarie O’Mahony and subject to a mortgage charge held by the company.
In a costs ruling delivered on 24 November 2022, Mr Justice Mark Heslin said Start was entirely successful and Ms O’Mahony entirely unsuccessful in the applications. He found no evidence-based reason to depart from the usual rule that costs follow the event.
The ruling followed the court’s 4 November judgment, which found that Start owned the relevant charge and could seek possession. The judge had concluded that the evidence disclosed no stateable defence requiring a plenary hearing and that Start was the appropriate plaintiff in the possession proceedings.
In opposing costs, Ms O’Mahony relied on documents served after that judgment. They challenged the court’s earlier refusal of an adjournment and the judgment itself, alleged deceit and other wrongdoing, and sought to revive two Circuit Court matters using 28-day notices requiring Start to file defences. These were her submissions, not findings of wrongdoing by the court or Start.
Justice Heslin said the allegations were unsupported by the evidence and did not justify withholding costs. He also ruled that the notices seeking to revive the Circuit Court proceedings were nullities, finding that the efforts sought to relitigate issues already determined and breached the principle of res judicata.
The judge said he could not entertain what was, in substance, an appeal against his own ruling or judgment. He noted that any options for challenging those decisions were a matter for Ms O’Mahony to consider with legal advice.
The court ordered that Start receive its costs, including all reserved costs. The costs are to be taxed or adjudicated if the parties cannot agree, and Start was invited to submit a draft final order. The ruling determined costs; it did not itself make a final possession order.