Re: URGENT — CIV-2025-083-055 — Application to Stay Enforcement and Set Aside Default Judgment

Dear Registrar and Counsel,

Please find attached the Urgent Consolidated Memorandum concerning CIV-2025-083-055.

This matter requires immediate attention. **************************** +****************** did not receive the originating documents, the substituted-service application, or the default-judgment material directly. The present documents were obtained only through a third party.

The memorandum raises substantive issues concerning:

* the validity and factual foundation of substituted service;
* the failure to determine or respond substantively to prior applications, notices and counterclaim material;
* the entry of default judgment despite ongoing disputes;
* the apparent inconsistency between the claim amounts, judgment and subsequent DMC demands;
* DMC’s legal status, appointment, authority and litigation mandate;
* the identity, ownership history and alleged transfer of the relevant rating unit;
* confirmation that no mortgage is understood to exist over the properties;
* the correct statutory ratepayer and legal basis for liability;
* official warrant activity at *********** Road during the relevant period;
 the fact that ********** was actively involved in other District Court and High Court proceedings and was receiving other official documents; and
* the threatened enforcement consequences against residential property.

Accordingly, *********+*********require:

1. written confirmation that all enforcement is immediately suspended pending judicial determination;
2. urgent referral of the memorandum and existing set-aside material to a Judge;
3. confirmation of the present status of every earlier application, including the strike-out application, counterclaim and set-aside applications;
4. the complete substituted-service application, supporting affidavit, order and proof of publication;
5. the complete documentary authority under which DMC acted;
6. the full rating-unit, ownership, ratepayer, valuation, assessment and accounting records;
7. confirmation whether DMC purchased or was assigned the alleged debt, or acted only as the Council’s agent;
8. confirmation of the mortgage position and production of any mortgage-related record relied upon; and
9. preservation of all Court, Council, DMC, Police and enforcement records relevant to these issues.

No further enforcement step—including any rating-sale, charging, collection or property-enforcement process—should occur while service, jurisdiction, standing, accounting and the pending applications remain unresolved.

Please acknowledge receipt immediately and provide a substantive written response today. A routine acknowledgement will not address the urgency of the threatened enforcement or the outstanding applications.

All rights are expressly reserved, including the rights advanced in the existing counterclaim and any further District Court or judicial-review proceedings.

Yours faithfully,

Tracy Lynch
For and on behalf of the instructed parties
Attorney acting under the trustees’ instructions