The High Court has granted Everyday Finance DAC interlocutory orders to take possession of four houses at Tullaghan Close, County Leitrim, and to prevent Sean Gormley from entering or interfering with them. The orders are stayed until 11am on 10 October 2024. The ruling, delivered by Mr Justice Brian O’Moore on 10 May 2024, does not decide the main proceedings, which are to be advanced towards trial.
Everyday sought orders restraining trespass and obstruction, and requiring the return of keys or access devices. It also sought to vacate a lis pendens, but withdrew that part of its application after it emerged that no lis pendens had been registered against the Leitrim lands.
The dispute concerns a mortgage granted to Allied Irish Banks in 2006 over the four houses. A High Court judgment in 2010 established a debt of €926,136.79, plus interest, and remained unsatisfied. Everyday’s evidence was that the loan and security were transferred from AIB in 2019, and that it became the registered owner of the mortgage charge. The judge accepted that evidence. He also found that a repayment demand had been made, rejecting Gormley’s claim that no demand was issued.
Gormley disputed owing Everyday money and challenged its evidence, including the redacted transfer documents. He also said one house was his family home. The court found Everyday had an undisputed mortgage entitlement to possession and sale, and held its rights in this application to be analogous to those of a landowner. The judge said Gormley had not established a right to remain on the properties or otherwise interfere with them.
The court granted the requested possession-related orders and required delivery of keys or access devices to give them practical effect. Because one house is Gormley’s family home, the judge imposed a five-month stay. He said Gormley could use that time to appeal or seek a longer stay. The court recorded Everyday’s undertaking as to damages.
Everyday succeeded on the motion, and the judge’s provisional view was that it should receive its costs, stayed until a final High Court order in the proceedings. Either side could seek a different costs or stay order by notifying the Chancery Registrar by 5pm on 24 May 2024. The action was listed for mention on 13 June 2024 for directions towards trial.