van Dessel v Carty [2018] IEHC 626 (16 November 2018)

van Dessel v Carty [2018] IEHC 626 (16 November 2018)

The defendant was in continuing and deliberate breach of the High Court order of 16 March 2017, having been properly served and afforded every opportunity to comply. The arguments advanced by the defendant had already been considered and rejected, and there was no basis to vary or set aside the order. The court's coercive jurisdiction in civil contempt is engaged to compel compliance with its orders.

Citation
[2018] IEHC 626
Parties
Plaintiff: David Van Dessel; Defendant: Pat Carty
Jurisdiction
Ireland
Judgment Date
16 November 2018
Procedural Posture
High Court Civil Contempt Application / Application for Attachment and Committal for Contempt of Court
Outcome
Application for attachment and committal granted.
Legal Topics
Contempt of Court, Receivership, Enforcement of Court Orders, Mortgage Enforcement, Interlocutory Injunctions
Civil Procedure Property Law Banking and Finance Contempt of Court Receivership Enforcement of Court Orders Mortgage Enforcement Interlocutory Injunctions

Case Brief

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Parties

David Van Dessel

Plaintiff

Pat Carty

Defendant

Procedural Posture

High Court Civil Contempt Application / Application for Attachment and Committal for Contempt of Court

Legal Issues

  1. 1 Whether the defendant is in contempt of court for failing to comply with the High Court order of 16 March 2017 restraining interference with the receivership property and the receiver's functions.
  2. 2 Whether the order should be enforced by attachment and committal.

Ratio Decidendi

The defendant was in continuing and deliberate breach of the High Court order of 16 March 2017, having been properly served and afforded every opportunity to comply. The arguments advanced by the defendant had already been considered and rejected, and there was no basis to vary or set aside the order. The court's coercive jurisdiction in civil contempt is engaged to compel compliance with its orders.

Court Disposition

Application for attachment and committal granted.

Orders

  • Plaintiff at liberty to issue an order of committal directed to the Commissioner and members of the Garda Síochána against the defendant to arrest and lodge him in Mountjoy prison until he purges his contempt and is discharged by further order of the court.