Massey & Ors v Kennedy & Ors (Approved) [2025] IEHC 588 (30 October 2025)

Massey & Ors v Kennedy & Ors (Approved) [2025] IEHC 588 (30 October 2025)

The phrase 'subject to all just claims and allowances' in the receivership order must be given its ordinary meaning, requiring the receiver to inquire into and account for any legitimate proprietary claims of third parties to the funds, not just those of the parties to the proceedings or judgment creditors. The...

Source-derived case information.

Citation
[2025] IEHC 588
Parties
Plaintiff: Eoin Massey; Plaintiff: Tom Murray; Plaintiff: BabylonCG Limited (in liquidation); Plaintiff: Wildemontassets Limited (in liquidation); Defendant: David Kennedy; Defendant: David Kennedy Financial Consulting Limited; Defendant: Danielle Colgan
Jurisdiction
Ireland
Judgment Date
30 October 2025
Procedural Posture
Civil / Post Judgment Application for Directions to Receiver
Outcome
application refused
Legal Topics
Receivership, Equitable Execution, Distribution of Assets, Interpretation of Court Orders
Insolvency Equity Civil Procedure Receivership Equitable Execution Distribution of Assets Interpretation of Court Orders

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Parties

Eoin Massey

Plaintiff

Tom Murray

Plaintiff

BabylonCG Limited (in liquidation)

Plaintiff

Wildemontassets Limited (in liquidation)

Plaintiff

David Kennedy

Defendant

David Kennedy Financial Consulting Limited

Defendant

Danielle Colgan

Defendant

Procedural Posture

Civil / Post Judgment Application for Directions to Receiver

Legal Issues

  1. 1 Meaning of 'subject to all just claims and allowances' in a receivership order
  2. 2 Whether the receiver must inquire into and account for third-party proprietary claims before distributing funds

Ratio Decidendi

The phrase 'subject to all just claims and allowances' in the receivership order must be given its ordinary meaning, requiring the receiver to inquire into and account for any legitimate proprietary claims of third parties to the funds, not just those of the parties to the proceedings or judgment creditors. The context and evidence before the court at the time of the order indicated the existence of other potential victims with similar claims, and limiting the inquiry would risk injustice.

Court Disposition

application refused

Orders

  • Application to permit the receiver to transfer the balance of funds to the plaintiffs refused.
  • Receiver directed to inquire into and account for any just claims to the funds before distribution.