A MAN who bought a house in Dublin under the affordable housing scheme has brought a High Court action aimed at preventing it being repossessed by South Dublin County Council over mortgage arrears.
Mark Doherty, a taxi driver, is challenging the jurisdiction of Judge Mary Collins of the District Court to make an order on January 9th renewing an earlier order for possession granted by her in January 2012 which, in turn, renewed another possession order made by a different District Court judge in July 2011.
Ross Maguire SC, for Mr Doherty, Rathgael, Clondalkin, Dublin, secured leave yesterday, on an ex parte (one side only) from Mr Justice Seán Ryan to bring judicial review proceedings aimed at overturning the January 2012 order.
The case is against the council, Judge Collins, Ireland and the Attorney General.
Mr Doherty claims the January 2012 order was made in excess of the powers of a District Court judge and/or constituted the renewal of orders also made in excess of the District Court’s jurisdiction.
He contends he is the registered owner of the Clondalkin house and an application for possession may only be made to the High Court or the Circuit Court in certain circumstances. Repossession would render him homeless and would amount to a disproportionate interference with his property and family rights under the Constitution and European Convention on Human Rights and Fundamental Freedoms, he claims.
Mr Doherty says he has lived at Rathgael since May 2007.
He claims the affordable housing scheme envisages a joint ownership. He also claims that without the benefit of his own legal advice, he had signed up in 2007 to a repayment schedule involving repayments of €981 a month over a 25-year period.
He began having difficulties meeting repayments when he received a driving disqualification in September 2007, he said. He could not trade as a taxi driver for a time and, when he returned to work after the disqualification period expired, the economic climate had deteriorated and he experienced a severe fall in income.
Mr Doherty said he had not sought legal advice due to his financial circumstances and was unaware he could avail of legal advice through the group New Beginning.
When he became aware of that group, he instructed solicitors in November 2011. On January 9th the council applied again and Judge Collins renewed the possession order of February 7th, 2011.
