David Swinburne v Eric Geary & Anor [2013] IEHC 412 (19 August 2013)
The receiver is entitled to interlocutory injunctions as the mortgage deed is valid, damages are not an adequate remedy for the receiver, and the balance of convenience favours the receiver due to defendants' lack of evidence and acknowledgment of indebtedness.
- Citation
- [2013] IEHC 412
- Parties
- Plaintiff: David Swinburne; Defendant: Eric Geary; Defendant: Anita Geary
- Jurisdiction
- Ireland
- Judgment Date
- 19 August 2013
- Procedural Posture
- Interlocutory Application / Application for Interlocutory Injunction
- Outcome
- interlocutory injunction granted
- Legal Topics
- Receiver's Rights, Trespass, Interlocutory Injunction, Adequacy of Damages, Balance of Convenience
Case Brief
Summary, issues, holding and outcome
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Parties
David Swinburne
Plaintiff
Eric Geary
Defendant
Anita Geary
Defendant
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Legal Issues
- 1 Whether the receiver is entitled to interlocutory injunctions preventing trespass by defendants
- 2 Whether the mortgage deed is valid and enforceable
- 3 Whether damages are an adequate remedy for the receiver
Ratio Decidendi
The receiver is entitled to interlocutory injunctions as the mortgage deed is valid, damages are not an adequate remedy for the receiver, and the balance of convenience favours the receiver due to defendants' lack of evidence and acknowledgment of indebtedness.
Court Disposition
interlocutory injunction granted
Orders
- Interlocutory injunctions granted in terms sought in paragraphs 1 to 5 of the Notice of Motion
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