Flanagan & anor -v- Crosby & ors [2014] IEHC 59 (07 February 2014)

Flanagan & anor -v- Crosby & ors [2014] IEHC 59 (07 February 2014)

The appointment of a receiver by way of equitable execution is confined to enforcement of equitable interests only. The entitlement of the judgment debtor to receive payment from Roscommon County Council is a statutory right, not an equitable interest. Therefore, the judgment creditor is not entitled to an order in aid of execution over future salary or emoluments.

Citation
[2014] IEHC 59
Parties
Plaintiff: Eamon Flanagan; Plaintiff: Maresa Prendeville; Defendant: Thomas Crosby; Defendant: Michael McNamara; Defendant: Kieran O’Brien
Jurisdiction
Ireland
Judgment Date
07 February 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appointment of Receiver, Equitable Execution, Enforcement of Judgments, Distinction Between Legal and Equitable Interests
Civil Procedure Equity Contract Law Appointment of Receiver Equitable Execution Enforcement of Judgments Distinction Between Legal and Equitable Interests

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Parties

Eamon Flanagan

Plaintiff

Maresa Prendeville

Plaintiff

Thomas Crosby

Defendant

Michael McNamara

Defendant

Kieran O’Brien

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a receiver can be appointed by way of equitable execution over future salary or emoluments of an employee
  2. 2 Whether the power to appoint a receiver by way of equitable execution is confined to equitable interests in property

Ratio Decidendi

The appointment of a receiver by way of equitable execution is confined to enforcement of equitable interests only. The entitlement of the judgment debtor to receive payment from Roscommon County Council is a statutory right, not an equitable interest. Therefore, the judgment creditor is not entitled to an order in aid of execution over future salary or emoluments.

Court Disposition

appeal allowed

Orders

  • Order appointing receiver by way of equitable execution over future emoluments discharged
  • No receiver to be appointed over future salary or emoluments of Mr. Crosby