Kehoe v Promontoria [Aran] Ltd & Anor (Approved) (Rev1) [2025] IEHC 286 (20 May 2025)

Kehoe v Promontoria [Aran] Ltd & Anor (Approved) (Rev1) [2025] IEHC 286 (20 May 2025)

The plaintiff is not entitled to interlocutory injunctive relief because he has not come to court with clean hands, the proceedings are an abuse of process under the rule in Henderson v Henderson, there has been gross and unexplained delay, and damages are an adequate remedy. Even if a fair issue exists regarding the facility letter, the balance of convenience does not favour granting an injunction.

Citation
[2025] IEHC 286
Parties
Plaintiff: Declan Kehoe; First Named Defendant: Promontoria (Aran) Limited; Second Named Defendant: Ken Fennell
Jurisdiction
Ireland
Judgment Date
20 May 2025
Procedural Posture
Interlocutory Injunction Application / High Court Judgment on Application for Interlocutory Relief
Outcome
Application for interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Abuse of Process, Clean Hands Doctrine, Mortgage Enforcement, Statute of Limitations, Receiver's Powers, Registration of Title Act, Equity of Redemption
Property Law Equity Banking Law Civil Procedure Interlocutory Injunctions Abuse of Process Clean Hands Doctrine Mortgage Enforcement +4 more

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Parties

Declan Kehoe

Plaintiff

Promontoria (Aran) Limited

First Named Defendant

Ken Fennell

Second Named Defendant

Procedural Posture

Interlocutory Injunction Application / High Court Judgment on Application for Interlocutory Relief

Legal Issues

  1. 1 Whether the plaintiff is entitled to interlocutory injunctive relief restraining the sale of mortgaged properties
  2. 2 Whether the proceedings are an abuse of process under the rule in Henderson v Henderson
  3. 3 Whether the plaintiff has come to court with clean hands

Ratio Decidendi

The plaintiff is not entitled to interlocutory injunctive relief because he has not come to court with clean hands, the proceedings are an abuse of process under the rule in Henderson v Henderson, there has been gross and unexplained delay, and damages are an adequate remedy. Even if a fair issue exists regarding the facility letter, the balance of convenience does not favour granting an injunction.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Interlocutory injunction refused
  • Matter listed for submissions on the form of final order and legal costs on 4 June 2025