O'Brien v Murphy & Anor (Approved)

             This is an application for injunctive relief by the plaintiff who is a receiver appointed by Promontoria (Oyster) Designated Activity Company (� Promontoria �), the entity which, since 9 March 2017, has been registered as the owner of the mortgage charge on folio 3606F Co Galway (the � Property �).

             The first named defendant is the mortgagor of a loan facility advanced to him by Ulster Bank Ireland Ltd (the � Bank �) which facility and related security was transferred to Promontoria by Global Deed of Transfer dated 19 December 2016. The first named defendant is the registered owner of the Property, which was secured by the mortgage the subject of these proceedings.

             The second named defendant is the son of the first named defendant and was joined as a co-defendant to these proceedings by order of the High Court dated 3 February 2020. The second named defendant is not party to the mortgage deed. He alleges that he is, and has been since 2008, in possession of the Property and that he occupies same as his family home.

             The plaintiff acknowledges that there is a higher standard of proof required to secure mandatory orders at interlocutory stage with a need to establish a strong case likely to succeed as opposed to a fair case to be tried.

             The current status quo in this matter is that the second named defendant is in possession of the Property.