Couple take action against order to repossess their home

A couple who are facing being evicted from their Dublin home are seeking leave from the High Court to challenge a county registrar's decision last May making an order for repossession of the property in favour of the EBS.

Peter Byas, who is unemployed, says he is desperate and the couple and their three children will have nowhere to live when the six-month stay on repossession expires later this month.

He and wife Anne bought their home, at the Navan Road, Dublin 7 for €670,000 in 2004. However as a result of him becoming unemployed the couple got into mortgage arrears of over €37,000.

In their action against the County Registrar for County Dublin, Ireland and the Attorney General the couple are seeking an order quashing the County Registrar's order for possession in respect of their home.

The challenge is being brought on grounds including that the Registrar acted beyond her powers by granting a repossession order.

The couple who are represented by the "New Beginning" group of lawyers and businessmen further claim that as orders for repossession have severe effects on their rights as citizens such orders only be carried out by a Judge.

To entrust such a power to persons other than judges, it is further claimed, is to interfere with the proper administration of Justice. The Educational Building Society is a notice party to the proceedings.

The application to bring the challenge was heard at the High Court today by Mr Justice Michael Peart. The Judge is to decide tomorrow whether to grant the couple leave to bring their action.