Carrick v. Morton [2002] IEHC 65 (13 June 2002)

Carrick v. Morton [2002] IEHC 65 (13 June 2002)

There is a serious issue to be tried regarding whether the defendant is bound by the restrictive covenant. Damages would not necessarily be an adequate remedy, particularly given the plaintiff's livelihood. The balance of convenience favours granting the interlocutory injunction to prevent completion of the house pending trial.

Citation
[2002] IEHC 65
Parties
Plaintiff: Desmond Carrick; Defendant: Justin Morton
Jurisdiction
Ireland
Judgment Date
13 June 2002
Procedural Posture
Civil / Interlocutory Injunction Application
Outcome
Interlocutory injunction granted
Legal Topics
Restrictive Covenants, Notice, Injunctions
Property Law Restrictive Covenants Notice Injunctions

Case Brief

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Parties

Desmond Carrick

Plaintiff

Justin Morton

Defendant

Procedural Posture

Civil / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the defendant is bound by a restrictive covenant registered in a deed
  2. 2 Adequacy of damages as a remedy
  3. 3 Balance of convenience for granting interlocutory injunction

Ratio Decidendi

There is a serious issue to be tried regarding whether the defendant is bound by the restrictive covenant. Damages would not necessarily be an adequate remedy, particularly given the plaintiff's livelihood. The balance of convenience favours granting the interlocutory injunction to prevent completion of the house pending trial.

Court Disposition

Interlocutory injunction granted

Orders

  • Injunction restraining further construction granted
  • Case certified as fit for early trial