Sheehan v Breccia & ORS. (Approved) [2020] IEHC 320 (30 June 2020)

Sheehan v Breccia & ORS. (Approved) [2020] IEHC 320 (30 June 2020)

The court dismissed the plaintiff's claims and granted declarations sought by defendants, finding the purchase of loan facilities lawful and the defendants entitled to enforcement actions. Judgment quantum was reduced by payments received and estimated enforcement costs, applying the principle that contractual costs...

Source-derived case information.

Citation
[2020] IEHC 320
Parties
Plaintiff: Joseph Sheehan; Defendant: Breccia; Defendant: Irish Agricultural Development Company; Defendant: Blackrock Hospital Limited; Defendant: George Duffy; Defendant: Rosaleen Duffy; Defendant: Tully Corbett Limited
Jurisdiction
Ireland
Judgment Date
30 June 2020
Procedural Posture
Commercial / Post Judgment Ruling on Form of Order and Costs
Outcome
Plaintiff's claims dismissed; counterclaim judgment granted for €7,894,534.44; costs awarded to defendants; stay on costs refused.
Legal Topics
Loan Enforcement, Mortgage, Guarantee, Costs, Receiver Appointment, Conspiracy, Declarations
Commercial Law Banking Law Property Law Loan Enforcement Mortgage Guarantee Costs Receiver Appointment +2 more

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Parties

Joseph Sheehan

Plaintiff

Breccia

Defendant

Irish Agricultural Development Company

Defendant

Blackrock Hospital Limited

Defendant

George Duffy

Defendant

Rosaleen Duffy

Defendant

Tully Corbett Limited

Defendant

Procedural Posture

Commercial / Post Judgment Ruling on Form of Order and Costs

Legal Issues

  1. 1 lawfulness of loan facility acquisition
  2. 2 validity of sale or transfer of loan facilities
  3. 3 conspiracy to affect property interests

Ratio Decidendi

The court dismissed the plaintiff's claims and granted declarations sought by defendants, finding the purchase of loan facilities lawful and the defendants entitled to enforcement actions. Judgment quantum was reduced by payments received and estimated enforcement costs, applying the principle that contractual costs may be deducted even if not yet taxed. Costs awarded to defendants, stay on costs refused due to plaintiff's conduct and lack of grounds for appeal.

Court Disposition

Plaintiff's claims dismissed; counterclaim judgment granted for €7,894,534.44; costs awarded to defendants; stay on costs refused.

Orders

  • Declarations that Breccia's purchase of plaintiff's loan facilities was lawful, valid, and effective.
  • Declaration that Breccia is entitled to appoint a receiver and exercise power of sale over plaintiff's shares in Blackrock Hospital Limited.