Corcoran v Eassda Group Ltd & Ors, Fennell v Corcoran & Anor, Cororan & Anor v Promontoria & Anor [No.2] (Approved) [2025] IEHC 359 (01 April 2025)

Corcoran v Eassda Group Ltd & Ors, Fennell v Corcoran & Anor, Cororan & Anor v Promontoria & Anor [No.2] (Approved) [2025] IEHC 359 (01 April 2025)

Promontoria interests are entitled to costs as they were entirely successful and Corcorans' arguments do not justify departure from the ordinary rule; court cannot decide on return of deposits as the issue was not pleaded and is subject to separate proceedings; receiver appointed over open space at Glenair Manor as requested by Corcoran, subject to service and opportunity for affected parties to apply to vary or set aside.

Citation
[2025] IEHC 359
Parties
Plaintiff: Joseph Corcoran; Defendant: Eassda Group Limited; Defendant: Eassda Ireland Limited; Defendant: Alistair Jackson; Notice Party/defendant: Promontoria Eagle Limited; Notice Party/plaintiff/defendant: Ken Fennell; Plaintiff/defendant: Katherine Corcoran
Jurisdiction
Ireland
Judgment Date
01 April 2025
Procedural Posture
Plenary Proceedings and Motions / Post Judgment, Costs, Form of Order, and Receiver Appointment
Outcome
Costs awarded to Promontoria interests; receiver appointed over Glenair Manor open space; form of order clarified; return of deposits not decided unless parties agree.
Legal Topics
Costs, Appointment of Receiver, Return of Deposits, Specific Performance, Equitable Execution
Civil Procedure Property Law Contract Law Costs Appointment of Receiver Return of Deposits Specific Performance Equitable Execution

Case Brief

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Parties

Joseph Corcoran

Plaintiff

Eassda Group Limited

Defendant

Eassda Ireland Limited

Defendant

Alistair Jackson

Defendant

Promontoria Eagle Limited

Notice Party/defendant

Ken Fennell

Notice Party/plaintiff/defendant

Katherine Corcoran

Plaintiff/defendant

Procedural Posture

Plenary Proceedings and Motions / Post Judgment, Costs, Form of Order, and Receiver Appointment

Legal Issues

  1. 1 Whether costs should follow the event in light of alleged inequitable conduct
  2. 2 Whether the court can decide on the return of deposits not pleaded
  3. 3 Appointment of receiver over open space at Glenair Manor

Ratio Decidendi

Promontoria interests are entitled to costs as they were entirely successful and Corcorans' arguments do not justify departure from the ordinary rule; court cannot decide on return of deposits as the issue was not pleaded and is subject to separate proceedings; receiver appointed over open space at Glenair Manor as requested by Corcoran, subject to service and opportunity for affected parties to apply to vary or set aside.

Court Disposition

Costs awarded to Promontoria interests; receiver appointed over Glenair Manor open space; form of order clarified; return of deposits not decided unless parties agree.

Orders

  • Promontoria interests recover costs of plenary proceedings and receiver motion against Corcorans.
  • Order to record basis of decision (oral evidence, documents, pleadings, affidavits).