Casey & Anor v Everyday Finance DAC & Anor (Approved) [2021] IEHC 167 (12 March 2021)

Casey & Anor v Everyday Finance DAC & Anor (Approved) [2021] IEHC 167 (12 March 2021)

The plaintiffs failed to establish a fair question to be tried regarding the validity of the summary judgment, the appointment or powers of the receiver, or the nature of the property. Even if a fair question existed, damages are an adequate remedy as the land is commercial/investment property, not a family home....

Source-derived case information.

Citation
[2021] IEHC 167
Parties
Plaintiff: Martin Casey; Plaintiff: David Casey; Defendant: Everyday Finance DAC; Defendant: David O’Connor
Jurisdiction
Ireland
Judgment Date
12 March 2021
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Application for interlocutory relief refused
Legal Topics
Interlocutory Injunctions, Receivership, Summary Judgment, Adequacy of Damages, Commercial Property, Retrospective Application of Law
Civil Procedure Banking Law Property Law Interlocutory Injunctions Receivership Summary Judgment Adequacy of Damages Commercial Property +1 more

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Parties

Martin Casey

Plaintiff

David Casey

Plaintiff

Everyday Finance DAC

Defendant

David O’Connor

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether plaintiffs are entitled to an interlocutory injunction restraining the receiver from selling agricultural land.
  2. 2 Whether the summary judgment obtained against Mr. Martin Casey is invalid in light of subsequent Supreme Court jurisprudence.
  3. 3 Whether the appointment of the receiver is invalid due to alleged procedural defects.

Ratio Decidendi

The plaintiffs failed to establish a fair question to be tried regarding the validity of the summary judgment, the appointment or powers of the receiver, or the nature of the property. Even if a fair question existed, damages are an adequate remedy as the land is commercial/investment property, not a family home. Sentimental or inherited status does not alter this conclusion. The application for interlocutory relief is refused.

Court Disposition

Application for interlocutory relief refused

Orders

  • Interlocutory injunction refused
  • Parties directed to engage to resolve outstanding matters; case listed for mention in one week if necessary