McCleary -v- McPhillips & ors [2015] IEHC 591 (31 July 2015)

McCleary -v- McPhillips & ors [2015] IEHC 591 (31 July 2015)

The court held that, despite administrative errors and failures in notification, the appointments and discharge of the receivers were validly executed in accordance with the bank's internal authority and board resolutions. The core legal requirements for appointment and discharge were met. The agents' entry onto the forecourt did not amount to trespass. The confusion and errors did not invalidate the receivership or entitle Mr. McPhillips to damages or declarations sought.

Citation
[2015] IEHC 591
Parties
Plaintiff (2014/5970 P), Defendant (2014/5264 P): Paul McCleary; Defendant (2014/5970 P), Plaintiff (2014/5264 P): Paul McPhillips; Defendant (2014/5264 P): ACC Loan Management Ltd (formerly ACC Bank Plc); Defendant (2014/5264 P): Grant Thornton International Ltd t/a Grant Thornton Ireland; Defendant (2014/5264 P), First Receiver: Stephen Tennant; Defendant (2014/5264 P): Declan Kavanagh; Defendant (2014/5264 P): Jack McCann
Jurisdiction
Ireland
Judgment Date
31 July 2015
Procedural Posture
Civil (possession and Appointment of Receiver) / High Court Judgment After Full Hearing
Outcome
Claims by Mr. McPhillips dismissed; orders for possession and injunctions in favour of the receiver affirmed.
Legal Topics
Appointment and Discharge of Receivers, Validity of Deeds of Appointment/discharge, Mortgage Enforcement, Execution of Company Documents, Trespass, Injunctions
Property Law Banking Law Insolvency Law Appointment and Discharge of Receivers Validity of Deeds of Appointment/discharge Mortgage Enforcement Execution of Company Documents Trespass +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Paul McCleary

Plaintiff (2014/5970 P), Defendant (2014/5264 P)

Paul McPhillips

Defendant (2014/5970 P), Plaintiff (2014/5264 P)

ACC Loan Management Ltd (formerly ACC Bank Plc)

Defendant (2014/5264 P)

Grant Thornton International Ltd t/a Grant Thornton Ireland

Defendant (2014/5264 P)

Stephen Tennant

Defendant (2014/5264 P), First Receiver

Declan Kavanagh

Defendant (2014/5264 P)

Jack McCann

Defendant (2014/5264 P)

Procedural Posture

Civil (possession and Appointment of Receiver) / High Court Judgment After Full Hearing

Legal Issues

  1. 1 Whether Stephen Tennant was validly appointed as first receiver
  2. 2 Whether the deed of discharge for Stephen Tennant was valid
  3. 3 Whether Paul McCleary was validly appointed as second receiver

Ratio Decidendi

The court held that, despite administrative errors and failures in notification, the appointments and discharge of the receivers were validly executed in accordance with the bank's internal authority and board resolutions. The core legal requirements for appointment and discharge were met. The agents' entry onto the forecourt did not amount to trespass. The confusion and errors did not invalidate the receivership or entitle Mr. McPhillips to damages or declarations sought.

Court Disposition

Claims by Mr. McPhillips dismissed; orders for possession and injunctions in favour of the receiver affirmed.

Orders

  • Order for possession of the property to the receiver
  • Permanent injunction restraining Mr. McPhillips from interfering with the receiver