Man refused extra time to appeal home repossession order due to application delay

A man has been refused permission by the High Court for extra time to appeal a repossession order on his home because of a five-year delay in applying for the appeal.

In 2017, Killian McGrath sought an extension of time to allow him appeal a 2012 order granting possession to ICS Building Society of his home at Coolbagh, Clashmore, Co Waterford.

Mr McGrath had obtained a 30-year mortgage for €1m from ICS in 2006. He failed to make repayments and repossession of his home was sought by ICS in November 2009.

He opposed the move but also agreed to make repayments and offered to sell a property in Portugal to put towards repayments. While some repayments were made, they stopped in June 2011.

The repossession order was granted by the Circuit Court in February 2012.

He continued to live in the property and in 2017 he applied for an extension of the 10-day time limit for appealing the 2012 possession order.

The Master of the High Court, who deals with cases on their way to trial, granted the extension after Mr McGrath argued the delay in seeking the appeal was due to him suffering from anxiety and depression.

ICS then appealed the Master's order to the High Court.

Today Mr Justice Charles Meenan set aside the Master's extension of time.

He was satisfied "no credible explanation" was given by Mr McGrath as to why he failed to appeal the Circuit Court order within the 10-day period allowed. He had not explained why he waited in excess of five years to do so.

The judge was also satisfied he was not suffering from a medical condition, as he asserted, that prevented him from prosecuting an appeal.

"Despite being given an opportunity to do so, the defendant produced no credible evidence to the court to substantiate his alleged disabilities", he said.