Woman challenges repossession order over Donnybrook home

A woman has challenged a decision to grant a repossession order in respect of her home in Donnybrook in south Dublin.

Patricia Tsouros claims the order concerning her family home at Marlborough Road, Donnybrook, was made by the Dublin County Registrar in favour of KBC Bank before her solicitor was able to make representations in relation to the matter.

In her High Court proceedings, Ms Tsouros wants orders quashing the repossession order made last November.

On Monday, the court was told Ms Tsouros was unaware of default on mortgage payments until repossession proceedings were served on herself and her husband, businessman John Leech, in June 2015.

She understood KBC’s bid for a repossession order was contested, she said.

She says she had relied on her husband for management of household finance and relied on both him and a financial adviser whom they had met to resolve matters with the bank.

Ms Tsouros claims she was unaware of developments in the action but had asked her husband’s solicitor to keep her own solicitor informed of matters. No information was passed to her solicitor, she claims.

On the evening of November 2nd, 2016, she claims she was informed her husband intended to consent to the order for repossession before a register at Dublin Circuit Court the following morning.

Ms Tsouros says she immediately instructed her solicitors to attend court on November 3rd and seek time so she could resolve matters but the county registrar refused to hear Ms Tsouros’s solicitor because she “was not on record”.

Ms Tsouros’s solicitor then told the registrar she required time to get full instructions and was unable to outline a defence to the order at that time.

The registrar had said “there is no defence”, made the repossession order and placed a six-month stay on that order, she said.

Ms Tsouros claims she was denied the right to be heard before the order was made in breach of her rights. The registrar’s decision was unreasonable, irrational and lacked proportionality, she claims.

Ms Tsouros also seeks declarations the repossession order was made without jurisdiction and she was denied her fundamental right to fair procedure. She also claims her rights under the European Convention on Human Rights and Fundamental Freedoms have not been vindicated.

The action is against the county registrar for Dublin, the Minister for Justice and Equality, Ireland and the Attorney General. KBC Bank Ireland Plc is a notice party.

On Monday, Mr Justice Seamus Noonan granted the ex-parte application for leave to bring the challenge and returned the matter to March.