THE HIGH Court granted possession orders in just two cases in its last sitting of the year yesterday, but indicated that almost 200 cases were listed for the first three sittings of the new year.
Ms Justice Elizabeth Dunne said 63 matters were listed for the first sitting, 61 for the second and 74 for the third.
Some 25 of the 40 cases listed for hearing yesterday were matters that had been previously adjourned, and more than 30 cases were adjourned yesterday.
They included an application by Irish Nationwide Building Society for an order for possession of apartments involving fugitive solicitor Michael Lynn and a business partner. The partner’s barrister Eamon Marray told the court his client had entered into a property partnership with Mr Lynn but had later terminated the agreement and agreed Mr Lynn would take all his interests in the properties.
He presumed the matter would be properly attended to by Mr Lynn and he was as much an innocent victim of Mr Lynn as the building society was, Mr Marray said. He said his client was not opposing the possession order but did not accept that he had a personal liability in relation to the underlying debt.
Counsel for Irish Nationwide argued that the business partner had a legal and beneficial interest in the apartments and should not be allowed hide behind Mr Lynn’s failure to comply with the court.
The court heard that the arrears were more than €166,000 and the total amount due was more than €620,000. Ms Justice Dunne adjourned the case until February.
Also yesterday, Ms Justice Dunne granted a possession order to KBC Bank for a property in Co Roscommon owned by a man who lives in England. He had received a €136,000 mortgage in 2007 but began defaulting at an early stage.
He now owes €157,000 on the property which has an approximate value of €100,000. The court heard a prospective buyer had offered €100,000 for the property but the owner had rejected it.
