Dowdall & anor -v- O'Connor & anor [2013] IEHC 423 (11 September 2013)

Dowdall & anor -v- O'Connor & anor [2013] IEHC 423 (11 September 2013)

The court held that the receivers were lawfully appointed under a valid power of attorney and that the mortgage agreement incorporated the relevant statutory powers. The defendants' procedural objections were rejected. The plaintiffs established a fair issue to be tried, damages would not be an adequate remedy, and the balance of convenience favoured granting the interlocutory injunction to restrain the defendants from interfering with the receivers' duties.

Citation
[2013] IEHC 423
Parties
Plaintiff: Liam Dowdall; Plaintiff: Sean McNamara; Defendant: Pat O’Connor; Defendant: Joan O’Connor
Jurisdiction
Ireland
Judgment Date
11 September 2013
Procedural Posture
Civil / Interlocutory Application for Injunction
Outcome
interlocutory injunction granted
Legal Topics
Appointment of Receivers, Mortgage Enforcement, Injunctive Relief, Statutory Interpretation
Property Law Banking Law Civil Procedure Appointment of Receivers Mortgage Enforcement Injunctive Relief Statutory Interpretation

Case Brief

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Parties

Liam Dowdall

Plaintiff

Sean McNamara

Plaintiff

Pat O’Connor

Defendant

Joan O’Connor

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the receivers were lawfully appointed over the mortgaged property
  2. 2 Whether the defendants unlawfully interfered with the receivers' duties
  3. 3 Whether the requirements for an interlocutory injunction are satisfied

Ratio Decidendi

The court held that the receivers were lawfully appointed under a valid power of attorney and that the mortgage agreement incorporated the relevant statutory powers. The defendants' procedural objections were rejected. The plaintiffs established a fair issue to be tried, damages would not be an adequate remedy, and the balance of convenience favoured granting the interlocutory injunction to restrain the defendants from interfering with the receivers' duties.

Court Disposition

interlocutory injunction granted

Orders

  • Defendants, their servants and agents, are restrained from interfering with or attempting to frustrate the activities of the plaintiffs as joint receivers over 'The Laurels', 9 Dalkey Avenue, Dalkey, County Dublin, pending further order or determination of the proceedings.
  • Defendants, their servants and agents, are restrained from entering onto or otherwise interfering with the premises without the express consent of the plaintiffs, pending further order or determination of the proceedings.