Coulston & anor v Doyle & ors (Approved) [2020] IEHC 619 (01 December 2020)

Coulston & anor v Doyle & ors (Approved) [2020] IEHC 619 (01 December 2020)

The agency between receiver and mortgagor is a special type that does not render the receiver's undertaking as to damages meaningless or make the mortgagor liable for such damages; damages are an adequate remedy for both parties; the receiver is entitled to interlocutory possession as a strong case is made out and...

Source-derived case information.

Citation
[2020] IEHC 619
Parties
Plaintiff: John Coulston; Plaintiff: Roy Scannell; Defendant: James Doyle; Defendant: Joan Doyle; Defendant: Jeremiah Doyle; Defendant: Robert Doyle
Jurisdiction
Ireland
Judgment Date
01 December 2020
Procedural Posture
Interlocutory Injunction Application / High Court Judgment on Application for Interlocutory Relief
Outcome
Interlocutory injunction granted in favour of the first named plaintiff (receiver).
Legal Topics
Receivership, Mortgages, Agency, Interlocutory Injunctions, Adequacy of Damages
Property Law Banking Law Equity Receivership Mortgages Agency Interlocutory Injunctions Adequacy of Damages

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Parties

John Coulston

Plaintiff

Roy Scannell

Plaintiff

James Doyle

Defendant

Joan Doyle

Defendant

Jeremiah Doyle

Defendant

Robert Doyle

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a receiver's undertaking as to damages in favour of a mortgagor is meaningful given the agency relationship
  2. 2 Whether damages are an adequate remedy for both receiver and mortgagor in the context of interlocutory relief
  3. 3 Whether the receiver is entitled to interlocutory possession of secured properties

Ratio Decidendi

The agency between receiver and mortgagor is a special type that does not render the receiver's undertaking as to damages meaningless or make the mortgagor liable for such damages; damages are an adequate remedy for both parties; the receiver is entitled to interlocutory possession as a strong case is made out and the balance of justice favours granting the injunction.

Court Disposition

Interlocutory injunction granted in favour of the first named plaintiff (receiver).

Orders

  • Interlocutory injunction for possession of the properties granted to the receiver.
  • Parties to engage to resolve outstanding matters; if unresolved, case to be mentioned in court one week from judgment.