Dean McGuinness & Anor v Edward Avery Gee & Ors

Dean McGuinness & Anor v Edward Avery Gee & Ors

The applicants have no realistic prospect of obtaining relief as the company was not lawfully joined, Mr McGuinness lacks standing, and the loan facility and debenture do not constitute regulated mortgage agreements. Previous judicial determination precludes re-litigation of issues. The balance of convenience favours the respondents, and injunctive relief is refused.

Parties
Applicant: Dean McGuinness; Applicant: Hitcham Homes Ltd (in administration); Respondent: Edward Avery Gee; Respondent: Daniel Richardson; Respondent: Goldentree Financial Services Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Insolvency Application / Interim Injunction Hearing
Outcome
application dismissed with costs
Legal Topics
Appointment of Administrators, Enforceability of Floating Charge, Regulated Mortgage Agreements, Injunctive Relief, Abuse of Process, Laches
Insolvency Property Financial Regulation Appointment of Administrators Enforceability of Floating Charge Regulated Mortgage Agreements Injunctive Relief Abuse of Process +1 more

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Parties

Dean McGuinness

Applicant

Hitcham Homes Ltd (in administration)

Applicant

Edward Avery Gee

Respondent

Daniel Richardson

Respondent

Goldentree Financial Services Ltd

Respondent

Procedural Posture

Insolvency Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether the applicants have standing to seek injunctive relief
  2. 2 Whether the floating charge and loan are unenforceable under the Financial Services and Markets Act 2000
  3. 3 Whether the appointment of administrators was void

Ratio Decidendi

The applicants have no realistic prospect of obtaining relief as the company was not lawfully joined, Mr McGuinness lacks standing, and the loan facility and debenture do not constitute regulated mortgage agreements. Previous judicial determination precludes re-litigation of issues. The balance of convenience favours the respondents, and injunctive relief is refused.

Court Disposition

application dismissed with costs

Orders

  • Application for injunctive relief dismissed
  • Costs to be assessed on the indemnity basis in favour of the respondents