High Court Summary Process

I was replying to Bronte's question about taking cases to Europe, not about the ECHR directly.
 
Another Day at the East Wing High Court Casino! A request for a strike out of my summary judgement process....little did I know that this could lead straight to Judge Ryan's Court if bank get the strike overturned - it is to be decided upon in a month...I've been advised next time in the Master's court to ask not to have it struck out after all.... Hopefully my first ever baby doesn't decide to arrive early or it will be the High Court Maternity Wing! I might be winning a few interim battles but I want to win the war.....or maybe I should just give up and accept a judgement and get on with my life...Lone Star
 
The master has no authority to strike out the summary proceedings ( order 37 Superior court rules refer ). This very matter has been ruled upon. However, the matter cannot be transferred from the Master's list to the hearing list, until the case is in order and ready to proceed.
 
He can strike it, but it's not permanent and can be overturned. I'll be looking for him to hold onto it until all is in order...
 
Not in your particular circumstances, look up the case of The Governor and company of Bank of Ireland v Ian Dunne and Andrea
 
So you had a bad day in court yesterday and not only that you're well on in pregnancy, a heady combination. Who asked for the strike out, would that mean your case is thrown out? It's not clear what actually happened. I ask because others in your position would like to know how the whole East Wing Casino works !
 
Bronte, I stupidly put in for strike out...on advice I got...but it's unlikely to happen anyway. Past strike outs by the Master (in contested cases) were overturned. See Rebuttal's case example above.

Regarding yesterday I had pointed out Lots of mistakes and errors in the Bank's affidavits - probably means very little in the grand scheme of things. Time will tell and maybe I am flogging a dead horse.
My advice is that anyone heading for the Masters Court should go and spend a few mornings there and see first hand the happenings. The law Howinever has procedure to follow and the Casino has it's place and job to do.
A heady combination is a good description, I'm strong but had utter meltdown last night and in early hours, threw up all over the place with the stress and had to sleep with the light on, not sure how much more I can actually handle.
Another Day of work lost .. I'm a hard worker but today I'm not fit to function, an unmeasured socio-economic impact that is happening people across the country. An interesting study for a Masters Student I'm sure.
 
My goodness Lone Star you're having a bad time of it. I don't think you should continue if it's causing you this much stress. You have to think not just of the baby but of you too.

What do you think, would you not be relieved to stop all this, to finally put an end to it?
 
I think the type of me is wanting Justice to Prevail and if I can avoid a 12 year lien on my house...
I want to win and not be tarred and living in fear of them coming at me for my PPR in the next 12 years.
I'll see how things go over the next week and see what the Docs advise. Thanks
 
Hi lone star. Sorry to hear that you are going through this sickeningly worrisome time. I have been hoping you would be letting us know how things were progressing. We are along the same path as you just a bit further back.
Selling BTL trying to come up with solution for residual debt but just when we think we might be getting somewhere personnel change or file sent to another section in bank and we land back at the beginning. Our PFH has equity and no doubt now that my personal circumstances have since changed (redundant since all this began) they will also slap us with a JM.
I'm sick with worry. It's Huge strain on us as a couple and we are finding it tough going and husband went on nights to boost income ....But none of that really matters does it.

Do you believe that the banks actually call in the judgements and order a sale ? Does it happen often
The High court must be frightening but more than that - it must be costing an arm and a leg.

Best of luck with the case in court next month and the baby.
 
Banjaxed, try not to worry but keep communicating with them and get all in writing. (Have you sold the btl?) And as a couple try not to let it invade your relationship ( I know it's not easy) I'm living alone so it's almost easier in one sense. It's hard to know what will happen re a judgement ... All one could do is hope they don't try to enforce it. (My bank sound like they've the temerity to go after me until the end) There can be options to buy it out - an arbitrary sum touted to me was 10,000. I'm not going down that road though. I've already physically lost 130,000 and years of stress and so much missed out on.

Yip the court stuff is hard...after last time I literally nearly cracked at thought of having to go back.

Cost wise am representing myself so it's a day off work, diesel, tolls, parking and cost of some legal advice beforehand on an hourly basis. And their mounting legal costs which will get added into any judgement.

Get advice: get reading and researching and remember there are people and organisations out there to help. They have different approaches though.

I probably shouldn't have let bank bully me into selling the asset though.
 
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