Ryan & Ors -v- Ryan & Ors [2014] IEHC 675 (21 February 2014)

Ryan & Ors -v- Ryan & Ors [2014] IEHC 675 (21 February 2014)

The court held that the receiver is entitled to reasonable remuneration and legal costs for work properly undertaken in the receivership, but the documentation provided was insufficiently detailed to justify the full amount claimed. The court measured and approved interim payments on account for both the receiver and solicitors, pending further detailed accounts and possible taxation. Directions were given regarding the discontinuance or finalisation of certain proceedings, and the receiver was permitted to pay out certain legal fees and outlays.

Citation
[2014] IEHC 675
Parties
Plaintiff: Declan Ryan; Plaintiff: Marie McGovern; Plaintiff: Martin Ryan; Plaintiff: Irene Ryan; Defendant: Oran Ryan; Defendant: Trinette Larkin
Jurisdiction
Ireland
Judgment Date
21 February 2014
Procedural Posture
Commercial Partnership Dissolution / Post Receivership, Motion for Directions and Costs
Outcome
Interim approval of partial payment of receiver's and solicitors' costs; directions given regarding ongoing proceedings; further detailed accounts required before final approval.
Legal Topics
Receivership, Measurement of Receiver's Costs, Legal Costs, Partnership Dissolution, Asset Realisation
Commercial Law Partnership Law Insolvency Receivership Measurement of Receiver's Costs Legal Costs Partnership Dissolution Asset Realisation

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Parties

Declan Ryan

Plaintiff

Marie McGovern

Plaintiff

Martin Ryan

Plaintiff

Irene Ryan

Plaintiff

Oran Ryan

Defendant

Trinette Larkin

Defendant

Procedural Posture

Commercial Partnership Dissolution / Post Receivership, Motion for Directions and Costs

Legal Issues

  1. 1 Whether the receiver's costs and legal fees are reasonable and should be approved
  2. 2 Whether the receiver is entitled to directions regarding ongoing proceedings for rent recovery and sale of property
  3. 3 Whether the court should measure or tax the solicitor's costs

Ratio Decidendi

The court held that the receiver is entitled to reasonable remuneration and legal costs for work properly undertaken in the receivership, but the documentation provided was insufficiently detailed to justify the full amount claimed. The court measured and approved interim payments on account for both the receiver and solicitors, pending further detailed accounts and possible taxation. Directions were given regarding the discontinuance or finalisation of certain proceedings, and the receiver was permitted to pay out certain legal fees and outlays.

Court Disposition

Interim approval of partial payment of receiver's and solicitors' costs; directions given regarding ongoing proceedings; further detailed accounts required before final approval.

Orders

  • Payment on account to the receiver of €63,000 plus VAT (€14,490), total €77,490.
  • Receiver to finalise payments: Canada Life €40,000; court duties €34,634; rental refund €15,232, unless objected to.