Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 (13 May 2025)

Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 (13 May 2025)

The receiver's prolonged inaction, failure to inform the court of changed intentions, and the resulting public detriment disentitle him to continued equitable relief; the interlocutory injunction must be discharged.

Citation
[2025] IESC 18
Parties
Plaintiff/respondent: Tweedswood Limited (in Receivership); Plaintiff/respondent: Tom Kavanagh (Receiver); Defendant/appellant: Martin Power; Counterclaim Defendant: Ulster Bank (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
13 May 2025
Procedural Posture
Appeal / Supreme Court Judgment on Appeal Against Interlocutory Injunction
Outcome
Appeal allowed; interlocutory injunction discharged
Legal Topics
Receivership, Interlocutory Injunctions, Litigation Delay, Derelict Sites, Equitable Relief
Property Law Banking Law Civil Procedure Receivership Interlocutory Injunctions Litigation Delay Derelict Sites Equitable Relief

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Parties

Tweedswood Limited (in Receivership)

Plaintiff/respondent

Tom Kavanagh (Receiver)

Plaintiff/respondent

Martin Power

Defendant/appellant

Ulster Bank (Ireland) Limited

Counterclaim Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal Against Interlocutory Injunction

Legal Issues

  1. 1 Whether the interlocutory injunction granting possession to the receiver should be continued after a fifteen-year delay
  2. 2 Whether the receiver's conduct disentitles him to equitable relief

Ratio Decidendi

The receiver's prolonged inaction, failure to inform the court of changed intentions, and the resulting public detriment disentitle him to continued equitable relief; the interlocutory injunction must be discharged.

Court Disposition

Appeal allowed; interlocutory injunction discharged

Orders

  • The interlocutory injunction granted by the High Court in May 2009 is discharged.
  • The decision does not preclude a fresh application for injunctive or other relief in the High Court if warranted.