Swift Advances PLC v Maguire (Conor) and McManus (Martina)
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 06 September 2011 |
| Neutral Citation | [2011] NICh 16 |
| Date | 06 September 2011 |
| Court | Chancery Division (Northern Ireland) |
| Year | 2011 |
1
Neutral Citation No [2011] NICh 16 Ref:
DEE8282
Judgment: approved by the Court for handing down Delivered:
6/9/2011
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
CHANCERY DIVISION
________
BETWEEN:
SWIFT ADVANCES PLC
Plaintiff;
-v-
CONOR MAGUIRE AND MARTINA McMANUS
Defendants.
________
IN THE MATTER OF THE PARTITION ACTS 1868-1976
AND IN THE MATTER OF
THE PROPERTY (NORTHERN IRELAND) ORDER 1997
_______
DEENY J
[1] On 14 November 2007 the plaintiff obtained an order for possession against
the first defendant in regard to 43 Carrogs Road, Warrenpoint, County Down, being
a dwelling house comprised in registered lands Folio DN122472 of County Down.
The plaintiff obtained this order for possession on foot of a second mortgage on the
property the payments on which the first defendant had failed to keep up.
[2] By summons dated 23 September 2009 Martina McManus, now the second
defendant, applied to the court for an order to stay or suspend execution of the said
order for possession. In her affidavit of the same date she averred that she had been
resident in the dwelling since August 2006 with Conor Maguire who was her partner
and the father of her son born on 9 August 1996. Furthermore, she was then 14
weeks pregnant with her second child. She averred that she had only recently learnt
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