Farrelly & anor -v- Kavanagh [2015] IEHC 114 (25 February 2015)

Farrelly & anor -v- Kavanagh [2015] IEHC 114 (25 February 2015)

The defendant did not breach any duty of care to the plaintiffs, acted properly in the management and sale of the properties, and was not responsible for any alleged defamation as there was no evidence of publication or defamatory meaning attributable to him. The claims of negligence, breach of duty, and defamation...

Source-derived case information.

Citation
[2015] IEHC 114
Parties
Plaintiff: Alan Farrelly; Plaintiff: Austin Kenny; Defendant: Tom Kavanagh
Jurisdiction
Ireland
Judgment Date
25 February 2015
Procedural Posture
Commercial High Court Proceedings (plenary Summons) / Judgment After Full Trial
Outcome
All claims dismissed
Legal Topics
Receivership, Duties of Receiver, Negligence, Defamation, Sale of Mortgaged Property, Conflict of Interest
Property Law Banking and Finance Tort Law Receivership Duties of Receiver Negligence Defamation Sale of Mortgaged Property +1 more

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Parties

Alan Farrelly

Plaintiff

Austin Kenny

Plaintiff

Tom Kavanagh

Defendant

Procedural Posture

Commercial High Court Proceedings (plenary Summons) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant as receiver was negligent in accepting appointment and managing the assets
  2. 2 Whether the defendant breached a duty of care to the plaintiffs
  3. 3 Whether the defendant defamed the plaintiffs

Ratio Decidendi

The defendant did not breach any duty of care to the plaintiffs, acted properly in the management and sale of the properties, and was not responsible for any alleged defamation as there was no evidence of publication or defamatory meaning attributable to him. The claims of negligence, breach of duty, and defamation are dismissed.

Court Disposition

All claims dismissed

Orders

  • Claims of both plaintiffs dismissed in full
  • No damages or relief granted