Cody v Taite [2018] IEHC 774 (20 December 2018)

Cody v Taite [2018] IEHC 774 (20 December 2018)

Plaintiff established a bona fide question to be tried regarding legality of the demand and validity of receiver's appointment; damages would not be adequate remedy for Plaintiff; balance of convenience favours granting interlocutory injunction.

Citation
[2018] IEHC 774
Parties
Plaintiff: Anne Cody; Defendant: Declan Taite
Jurisdiction
Ireland
Judgment Date
20 December 2018
Procedural Posture
Plenary Proceedings / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Guarantee Liability, Receiver Appointment, Demand Validity, Mortgage Enforcement
Contract Law Banking Law Property Law Guarantee Liability Receiver Appointment Demand Validity Mortgage Enforcement

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Parties

Anne Cody

Plaintiff

Declan Taite

Defendant

Procedural Posture

Plenary Proceedings / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the demand made by Kenmare was unlawful due to exceeding the Plaintiff's limited guarantee liability
  2. 2 Whether the appointment of the receiver was void ab initio due to an erroneous demand
  3. 3 Adequacy of damages as remedy for Plaintiff

Ratio Decidendi

Plaintiff established a bona fide question to be tried regarding legality of the demand and validity of receiver's appointment; damages would not be adequate remedy for Plaintiff; balance of convenience favours granting interlocutory injunction.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendant restrained from entering upon and taking possession of the lands and from exercising powers under the Deed of Mortgage pending trial.
  • Plaintiff to file affidavit of undertaking as to damages.