Anthony Sheedy v Alistair Jackson (Unapproved) [2020] IECA 167 (22 June 2020)

Anthony Sheedy v Alistair Jackson (Unapproved) [2020] IECA 167 (22 June 2020)

The Court held that the appointment of a second receiver did not invalidate the rescission notice or constitute a repudiatory breach of contract, as the mortgage deed and statutory context allowed for receivers to act severally. The plaintiff was not entitled to amend his pleadings at a late stage to introduce this issue, and in any event, the defendant had reasonable grounds to serve the rescission notice. The plaintiff was not ready, willing, and able to complete the contract and was not entitled to specific performance.

Citation
[2020] IECA 167
Parties
Appellant: Anthony Sheedy; Respondent: Alastair Jackson
Jurisdiction
Ireland
Judgment Date
22 June 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Rescission of Contract, Appointment and Powers of Receivers, Interpretation of Mortgage Deeds, Amendment of Pleadings
Property Law Contract Law Equity Specific Performance Rescission of Contract Appointment and Powers of Receivers Interpretation of Mortgage Deeds Amendment of Pleadings

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Parties

Anthony Sheedy

Appellant

Alastair Jackson

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appointment of a second receiver invalidated the rescission notice or constituted a repudiatory breach of contract
  2. 2 Whether the defendant had reasonable grounds to issue a notice to rescind the contract for sale
  3. 3 Whether the plaintiff was ready, willing and able to complete the contract and entitled to equitable relief

Ratio Decidendi

The Court held that the appointment of a second receiver did not invalidate the rescission notice or constitute a repudiatory breach of contract, as the mortgage deed and statutory context allowed for receivers to act severally. The plaintiff was not entitled to amend his pleadings at a late stage to introduce this issue, and in any event, the defendant had reasonable grounds to serve the rescission notice. The plaintiff was not ready, willing, and able to complete the contract and was not entitled to specific performance.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of the High Court dismissing the plaintiff's claim for specific performance is affirmed.