O Connell v An Bord Pleanala [2007] IEHC 79 (19 February 2007)

O Connell v An Bord Pleanala [2007] IEHC 79 (19 February 2007)

The court has jurisdiction to appoint a receiver by way of equitable execution over future damages to be awarded in separate proceedings where ordinary legal execution is insufficient, the judgment debt remains unsatisfied, and it is just and convenient to do so. The applicant’s future damages are not akin to earnings necessary for living, and the equitable remedy is appropriate in these circumstances.

Citation
[2007] IEHC 79
Parties
Applicant: Collette O’Connell; Respondent: An Bord Pleanala; Notice Party: Dungarvan Town Council; Notice Party: Lavine Limited; Notice Party: Shane Houlihan; Notice Party: Proinnsias Breathnach; Notice Party: An Taisce
Jurisdiction
Ireland
Judgment Date
19 February 2007
Procedural Posture
Judicial Review / Application for Order Appointing Receiver by Way of Equitable Execution
Outcome
Order appointing receiver by way of equitable execution granted
Legal Topics
Equitable Execution, Appointment of Receiver, Enforcement of Judgments, Future Debts
Civil Procedure Equity Equitable Execution Appointment of Receiver Enforcement of Judgments Future Debts

Case Brief

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Parties

Collette O’Connell

Applicant

An Bord Pleanala

Respondent

Dungarvan Town Council

Notice Party

Lavine Limited

Notice Party

Shane Houlihan

Notice Party

Proinnsias Breathnach

Notice Party

An Taisce

Notice Party

Procedural Posture

Judicial Review / Application for Order Appointing Receiver by Way of Equitable Execution

Legal Issues

  1. 1 Whether a receiver by way of equitable execution can be appointed over future damages to be awarded in separate proceedings
  2. 2 Whether the court has jurisdiction to appoint a receiver over unascertained future sums
  3. 3 Whether it is just or convenient to make such an order in the circumstances

Ratio Decidendi

The court has jurisdiction to appoint a receiver by way of equitable execution over future damages to be awarded in separate proceedings where ordinary legal execution is insufficient, the judgment debt remains unsatisfied, and it is just and convenient to do so. The applicant’s future damages are not akin to earnings necessary for living, and the equitable remedy is appropriate in these circumstances.

Court Disposition

Order appointing receiver by way of equitable execution granted

Orders

  • Mr Jim Gilligan, Accountant, of Gilligan & Co, appointed as receiver over so much of any sum payable to the applicant on foot of any settlement or award of damages in proceedings entitled The High Court, Record Number 2004 No.12867P Between Colette O’Connell, plaintiff and Maurice Troy, as may be required to satisfy...