McCann -v- Halpin & anor [2016] IESC 12 (11 March 2016)

McCann -v- Halpin & anor [2016] IESC 12 (11 March 2016)

The receiver was validly appointed over the assets of Elektron Holdings Limited, and therefore entitled to possession of the mortgaged premises. The High Court's order for possession was correct and must be upheld.

Citation
[2016] IESC 12
Parties
Plaintiff/respondent: Paul McCann; Defendant/appellant: Patrick Halpin; Defendant/appellant: Ann Keane
Jurisdiction
Ireland
Judgment Date
11 March 2016
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Appointment of Receiver, Mortgage Enforcement
Property Law Insolvency Law Possession Proceedings Appointment of Receiver Mortgage Enforcement

Case Brief

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Parties

Paul McCann

Plaintiff/respondent

Patrick Halpin

Defendant/appellant

Ann Keane

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the receiver was validly appointed over the assets of Elektron Holdings Limited
  2. 2 Whether the order for possession of the mortgaged premises was properly granted

Ratio Decidendi

The receiver was validly appointed over the assets of Elektron Holdings Limited, and therefore entitled to possession of the mortgaged premises. The High Court's order for possession was correct and must be upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal against the Possession Order is dismissed
  • Possession of the premises granted to the receiver