ACC Loan Management v Rickard & anor [2019] IESC 29 (09 May 2019)

ACC Loan Management v Rickard & anor [2019] IESC 29 (09 May 2019)

The Supreme Court held that the courts have jurisdiction under s.28(8) of the Judicature Act, 1877 to appoint a receiver by way of equitable execution over payments due under the EU Basic Payment Scheme, as such payments are not salary or emoluments but are intangible property rights. The power to appoint a receiver is not limited to equitable interests as understood before the Judicature Acts, and the statutory language allows for incremental development to meet modern needs, provided the appointment is just and convenient in the circumstances.

Citation
[2019] IESC 29
Parties
Plaintiff/respondent: ACC Loan Management Limited DAC; Defendant/appellant: Mark Rickard; Defendant: Gerard Rickard
Jurisdiction
Ireland
Judgment Date
09 May 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Appointment of Receiver, Equitable Execution, Enforcement Against Farm Payment Entitlements, Scope of Court Powers Under Judicature Acts
Civil Procedure Enforcement of Judgments Equity Appointment of Receiver Equitable Execution Enforcement Against Farm Payment Entitlements Scope of Court Powers Under Judicature Acts

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Parties

ACC Loan Management Limited DAC

Plaintiff/respondent

Mark Rickard

Defendant/appellant

Gerard Rickard

Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the courts have jurisdiction to appoint a receiver by way of equitable execution over payments due under the EU Basic Payment Scheme (BPS) to a judgment debtor.
  2. 2 Whether such payments are in the nature of salary/emoluments and thus immune from receivership.
  3. 3 Whether the Judicature Acts extended the powers of the courts to appoint receivers beyond pre-Act Chancery practice.

Ratio Decidendi

The Supreme Court held that the courts have jurisdiction under s.28(8) of the Judicature Act, 1877 to appoint a receiver by way of equitable execution over payments due under the EU Basic Payment Scheme, as such payments are not salary or emoluments but are intangible property rights. The power to appoint a receiver is not limited to equitable interests as understood before the Judicature Acts, and the statutory language allows for incremental development to meet modern needs, provided the appointment is just and convenient in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order appointing a receiver over BPS payments stands.