Irwin v. Deasy

The plaintiff is the Collector General of the Revenue Commissioners. He has obtained three judgments against the defendant, one in the High Court and two in the Cork Circuit Court in respect of sums due by the defendant to the Revenue Commissioners.

The defendant and his wife Carmel Deasy are the joint owners of the lands comprised in Folio 8249 Co. Cork. The land therein comprises 19.5 hectares and it is averred by the plaintiff that it does not contain a family home within the meaning of the Family Home Protection Act, 1976. The said folio also contains an entry relating to a right of residence of one Hannah Deasy and it is averred by the plaintiff that the said Hannah Deasy died on the 27 th October, 2000.

Each of the three judgments of the plaintiff against the defendant have been converted into judgment mortgages and the said judgment mortgages have been registered on Folio 8249 Co. Cork.

The proceedings were duly served by personal service on the defendant on the 10 th April, 2003. An appearance was entered on behalf of the defendant and his solicitor appeared but did not make any submission on his behalf before me. The defendant's spouse and co-owner Carmel Deasy has been served with notice of the proceedings. She has not appeared.

Notwithstanding the lack of opposition, the plaintiff must satisfy the court on the pleadings, affidavits and exhibits that it has jurisdiction to grant the reliefs sought.