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Pepper Finance Corporation [Ireland] Designated Activity Company v O'Reilly [Otherwise O'Reilly] (Approved)
Factual and Procedural Background
This is an appeal to the High Court from a Circuit Court order dated 16 January 2019 directing the Defendant to deliver up possession of registered land pursuant to section 62(7) of the Registration of Title Act 1964. Company A was substituted as plaintiff for Company B by an ex parte High Court order dated 6 March 2023 with safeguards requiring the Defendant to be informed of the substitution and the ability to challenge it. The appeal was heard in the High Court by Judge Simons on 20 October 2025; judgment was delivered on 15 January 2026. The application for possession is brought by Company A against the Defendant in respect of property recorded on the land register (Folio [Number], The City).
Legal Issues Presented
- Whether Company A (as registered charge holder) has established ownership of the registered charge and that the principal money secured by the charge has become due and owing for the purposes of an application under section 62(7) of the Registration of Title Act 1964.
- Whether, in the circumstances of an assignment of a registered charge and underlying debt occurring after a Circuit Court possession order but before a High Court appeal, substitution of the transferee/assignee as plaintiff is appropriate (and, relatedly, whether substitution or joinder is required).
- Whether the material exhibited by Company A (notably a heavily redacted Global Deed of Transfer dated 4 February 2022) suffices to prove ownership of the underlying debt or whether the matter should be remitted to plenary hearing pursuant to the court’s discretion under Order 5B.
Arguments of the Parties
Plaintiff's Arguments
- Company A asserts it is the registered owner of the charge (entry dated 3 March 2022) over the land recorded on Folio [Number].
- Company A exhibited loan documentation, a demand dated 17 September 2015 and a statement of account showing arrears (stated as €39,039.31 as at the demand) to show principal money is due.
- Company A relied upon a Global Deed of Transfer dated 4 February 2022 as evidencing transfer of the underlying debt to Company A (though the deed was exhibited with substantial redactions).
Defendant's Arguments
- The Defendant challenges Company A's proof of legal ownership of the underlying debt and asserts that the deed and supporting materials are redacted and incomplete such that Company A has not established the proofs required for summary relief.
- The Defendant advances additional substantive defences including: (a) alleged breach of Directive 85/577/EEC (contracts negotiated away from business premises); (b) alleged breaches of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and Directive 93/13/EEC; (c) alleged breach of the Consumer Credit Act 1995 (including section 129); and (d) factual allegations concerning occupation by third parties and alleged intimidation by receiver agents, with potential counterclaims for trespass and emotional distress.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Company B v. Defendant [2021] IESC 26, [2021] 2 IR 381 | Guidance on the range of outcomes in summary possession/summary judgment applications and factors prompting remittal to plenary hearing (weighing contested affidavit evidence; when credibility requires oral evidence). | The court applied these principles to conclude that the affidavit evidence before it raised sufficient doubt about Company A's proofs to justify remittal to plenary hearing under Order 5B. |
| Company C v. Defendant [2018] IECA 352, [2019] 1 IR 385 | That the register is conclusive evidence under section 31 of the Registration of Title Act 1964 and its correctness cannot be challenged in summary possession proceedings; a court may grant possession at the suit of the registered owner if satisfied of ownership and that the right to possession has arisen. | The court noted this principle but explained that, while the register is prima facie conclusive, Company A must still establish it is the holder of the underlying debt; the register alone did not dispose of the issues arising from the redacted transfer documentation. |
| Company A v. Defendant [2025] IECA 140 | Whether substitution of a transferee/assignee as plaintiff is appropriate where assignment occurred after a Circuit Court order but before a High Court appeal (Court of Appeal guidance). | The Court of Appeal answered that substitution is generally appropriate, subject to exceptions (e.g. where the assignor remains a necessary party). The High Court applied that guidance in the procedural history and framing of the substitution issue. |
| Company A v. Defendant [2021] IECA 15 | Observation on the necessity of providing a proper and full explanation of complex commercial transactions on affidavit rather than partial explanations. | The court relied on this authority to critique Company A’s partial and heavily redacted disclosure of the Global Deed of Transfer and to stress that partial explanations are insufficient in summary proceedings. |
| Plaintiff v. Company D [2024] IECA 16 | Authority referenced regarding commercial sensitivity and redaction (contrast to the present case). | The court distinguished the present heavily redacted deed from situations where limited redactions for privacy or commercial sensitivity have been justified, finding Company A had not justified the extent of redaction here. |
| Company F, Case C‑229/04, EU:C:2005:640 (Crailsheimer Volksbank) | Construction of Directive 85/577/EEC on contracts negotiated away from business premises where a third party intervenes on behalf of a trader. | The court recorded the Defendant's reliance on the judgment as part of her doorstep‑selling defence, but did not decide the issue on the summary papers, leaving it for the plenary hearing. |
Court's Reasoning and Analysis
The court proceeded in two main analytical steps mandated by section 62(7): (1) whether Company A is the registered owner of the charge; and (2) whether the principal money secured by the charge has become due. The register entry identified Company A as charge owner (entry dated 3 March 2022), and section 31 makes the register prima facie conclusive. However, the court examined whether Company A had proved it held the underlying debt. Company A relied on a Global Deed of Transfer dated 4 February 2022 exhibited with extensive redactions and without the underlying defined terms or supporting instruments. The court found the deed incomprehensible in isolation and that Company A had not justified the redactions or provided the necessary supporting documentation or detailed affidavit explanation. There was also an unsubstantiated assertion of a further transfer to Company E which Company A had not disclosed to the court. Applying the principles articulated in the Supreme Court authority on summary disposals, the court concluded that the affidavit material was insufficiently complete or persuasive to allow a summary determination. The court therefore exercised its discretion under Order 5B to remit the matter to plenary hearing so that evidence may be tested and the parties can present fuller documentary and oral evidence. The court also declined to determine on summary papers the additional substantive defences pleaded by the Defendant (consumer protection Directives, unfair terms, Consumer Credit Act, occupation/trespass/intimidation and counterclaim), leaving them for the plenary trial.
Holding and Implications
REMITTED TO PLENARY HEARING
Holding: The High Court held that Company A has not, on the present affidavit evidence, established the proofs necessary for an order for possession under section 62(7). The appeal is remitted to a plenary hearing before the High Court pursuant to Order 5B of the Circuit Court Rules.
Implications: The immediate consequence is that no possession order will be enforced on the basis of the current summary materials; the parties will exchange pleadings and discovery on the timetable prescribed and the matter will proceed to full hearing where oral evidence and further documents may be adduced. The judgment does not purport to establish any new precedent beyond applying existing authorities to justify remittal; it leaves the substantive merits of the Defendant's defences and the ultimate question of ownership of the underlying debt to the plenary trial.
Timetable (as prescribed in the judgment)
- 5 February 2026 — Plaintiff to deliver points of claim
- 5 March 2026 — Defendant to deliver points of defence and counterclaim (if applicable)
- 26 March 2026 — Reply to counterclaim (if applicable)
- 23 April 2026 — Any requests for voluntary discovery to be served
- 30 April 2026 at 10:30 a.m. — Further directions and costs
Appearances
Attorney Rooney for the Plaintiff instructed by Company F. The Defendant appeared in person.
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