The High Court has refused Yeoksee Ooi’s attempt to have the validity of the warrant used to repossess Dromin House in County Wicklow decided as a preliminary issue ahead of the rest of her case.
Possession of the property was taken on 24 February 2025 under a warrant issued by the Wicklow County Registrar. It was then handed to Promontoria Scariff DAC, which holds the mortgage rights over the property.
Ms Ooi says she had lived at Dromin House with her family for almost 20 years. She issued proceedings on 25 March seeking, among other reliefs, the removal of Promontoria and its agent Blackwater Asset Management and permission for her family to re-enter the property.
The property had been bought in 2005 by her partner, Brian McDonagh, using a €3 million loan. That borrowing was restructured in 2007 into a €5,009,750 facility secured by another mortgage. No repayments have been made on that second loan since 2013.
Promontoria obtained a Circuit Court possession order in January 2023. Mr McDonagh’s appeal was rejected by the High Court in March 2024. A stay expired in September 2024, after which the execution process began.
Ms Ooi asked the High Court to determine separately whether the warrant issued to the Dublin City Sheriff was valid. She argued that if the warrant was valid, her present proceedings would end.
Mr Justice Rory Mulcahy refused that request. He found that Ms Ooi had not identified the precise legal question with sufficient clarity and, more importantly, that significant facts surrounding the issue and execution of the warrant were disputed.
The defendants also intend to argue that Ms Ooi’s proceedings are out of time and that she lacks standing. They further contend that even an invalid warrant would not automatically entitle her to recover possession because Promontoria has an existing possession order.
The judge held that dealing with the warrant separately would therefore not necessarily save time or costs and could duplicate work. The wider case remains to be determined.