Coughlan & Anor v O'Brien & Ors (Approved) [2023] IEHC 35 (27 January 2023)

Coughlan & Anor v O'Brien & Ors (Approved) [2023] IEHC 35 (27 January 2023)

The Plaintiffs failed to establish a fair issue to be tried because the law is clear that the power to appoint a receiver is contractual and not dependent on registration being completed; registration is deemed effective from the date of application, and Section 90 does not restrict the powers of a transferee in these circumstances. The appointment of the receivers was valid and the Plaintiffs' application for an interlocutory injunction is dismissed.

Citation
[2023] IEHC 35
Parties
Plaintiff: John Coughlan; Plaintiff: Eithne Coughlan; Defendant: Tom O'Brien; Defendant: Hilary Larkin
Jurisdiction
Ireland
Judgment Date
27 January 2023
Procedural Posture
Interlocutory Injunction Application / High Court Judgment on Application for Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
Appointment of Receivers, Registration of Charges, Transfer of Mortgages, Interlocutory Injunctions
Property Law Banking Law Equity Appointment of Receivers Registration of Charges Transfer of Mortgages Interlocutory Injunctions

Case Brief

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Parties

John Coughlan

Plaintiff

Eithne Coughlan

Plaintiff

Tom O'Brien

Defendant

Hilary Larkin

Defendant

Procedural Posture

Interlocutory Injunction Application / High Court Judgment on Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the appointment of receivers by a transferee of a mortgage is valid when registration of the transfer is pending
  2. 2 Whether Section 90 of the Registration of Title Act 1964 restricts the powers of a transferee prior to registration
  3. 3 Whether the Plaintiffs have established a fair issue to be tried for the grant of an interlocutory injunction

Ratio Decidendi

The Plaintiffs failed to establish a fair issue to be tried because the law is clear that the power to appoint a receiver is contractual and not dependent on registration being completed; registration is deemed effective from the date of application, and Section 90 does not restrict the powers of a transferee in these circumstances. The appointment of the receivers was valid and the Plaintiffs' application for an interlocutory injunction is dismissed.

Court Disposition

Application dismissed

Orders

  • Plaintiffs' application for interlocutory injunction is dismissed.
  • Court invites further submissions arising from the decision.