Tyrrell v Gibney & Anor [2019] IECA 168 (24 June 2019)

Tyrrell v Gibney & Anor [2019] IECA 168 (24 June 2019)

The appeal was dismissed because Mr. Tyrrell established a strong arguable case that he was validly appointed as receiver by the registered charge holder, the loans were not discharged by a promissory note, Cheldon Property Finance DAC was entitled to appoint a receiver, affidavits were compliant, and service on Mrs. Gibney was valid. The trial judge was entitled to grant interlocutory possession and ancillary orders.

Citation
[2019] IECA 168
Parties
Plaintiff/respondent: Ken Tyrrell; Defendant/appellant: Damian Gibney; Defendant/appellant: Irene Gibney
Jurisdiction
Ireland
Judgment Date
24 June 2019
Procedural Posture
Appeal / Judgment on Appeal From Interlocutory Injunction Order
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Receivership, Mortgage Enforcement, Interlocutory Injunctions, Service of Process, Assignment of Loans, Validity of Affidavits
Property Law Banking Law Civil Procedure Receivership Mortgage Enforcement Interlocutory Injunctions Service of Process Assignment of Loans +1 more

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Parties

Ken Tyrrell

Plaintiff/respondent

Damian Gibney

Defendant/appellant

Irene Gibney

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Interlocutory Injunction Order

Legal Issues

  1. 1 Whether the receiver was validly appointed over the properties
  2. 2 Whether the appellants' loans had been discharged by a promissory note
  3. 3 Whether Cheldon Property Finance DAC was entitled to appoint a receiver

Ratio Decidendi

The appeal was dismissed because Mr. Tyrrell established a strong arguable case that he was validly appointed as receiver by the registered charge holder, the loans were not discharged by a promissory note, Cheldon Property Finance DAC was entitled to appoint a receiver, affidavits were compliant, and service on Mrs. Gibney was valid. The trial judge was entitled to grant interlocutory possession and ancillary orders.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Interlocutory possession of the properties to the receiver affirmed
  • Ancillary reliefs granted by the High Court affirmed