Tennant v Reidy & anor (Approved) [2022] IECA 137 (17 June 2022)

Tennant v Reidy & anor (Approved) [2022] IECA 137 (17 June 2022)

The defendants had an arguable defence based on promissory and proprietary estoppel, having acted to their detriment on representations made by the receiver's agent. The balance of convenience favoured the defendants, and the High Court erred in granting a mandatory injunction for possession. The appeal was allowed and the injunction dissolved.

Citation
[2022] IECA 137
Parties
Plaintiff/respondent: Stephen Tennant; Defendant/appellant: Thomas Reidy; Defendant/appellant: Catherine Reidy
Jurisdiction
Ireland
Judgment Date
17 June 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Receivership, Estoppel, Mandatory Injunction, Possession Orders
Property Law Equity Civil Procedure Receivership Estoppel Mandatory Injunction Possession Orders

Case Brief

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Parties

Stephen Tennant

Plaintiff/respondent

Thomas Reidy

Defendant/appellant

Catherine Reidy

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether promissory or proprietary estoppel prevents the grant of a mandatory injunction for possession against the defendants
  2. 2 Whether the defendants have an arguable defence to the receiver's application for possession
  3. 3 Appropriateness of granting mandatory interlocutory injunctions in quasi-summary proceedings

Ratio Decidendi

The defendants had an arguable defence based on promissory and proprietary estoppel, having acted to their detriment on representations made by the receiver's agent. The balance of convenience favoured the defendants, and the High Court erred in granting a mandatory injunction for possession. The appeal was allowed and the injunction dissolved.

Court Disposition

Appeal allowed

Orders

  • Injunction granted by High Court dissolved
  • Receiver's application for possession dismissed