Ferris -v- Meagher & anor [2013] IEHC 380 (31 July 2013)

Ferris -v- Meagher & anor [2013] IEHC 380 (31 July 2013)

The lease granted to Echoforde Limited without the mortgagee's written consent is not binding on the receiver, who is entitled to possession; the second named defendant has not made out an arguable defence and is a trespasser; the balance of convenience also favours the plaintiff.

Citation
[2013] IEHC 380
Parties
Plaintiff: Martin Ferris; First Defendant: John Meagher; Second Defendant: Echoforde Limited
Jurisdiction
Ireland
Judgment Date
31 July 2013
Procedural Posture
High Court Civil Action / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted in favour of the plaintiff.
Legal Topics
Receiver's Powers, Validity of Lease Without Mortgagee Consent, Agency of Receiver, Balance of Convenience in Injunctions
Property Law Landlord and Tenant Law Banking Law Receiver's Powers Validity of Lease Without Mortgagee Consent Agency of Receiver Balance of Convenience in Injunctions

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Parties

Martin Ferris

Plaintiff

John Meagher

First Defendant

Echoforde Limited

Second Defendant

Procedural Posture

High Court Civil Action / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether a lease granted without mortgagee's consent is binding on a receiver
  2. 2 Whether the receiver's appointment was valid given statutory changes
  3. 3 Whether the proceedings could be maintained in the receiver's sole name

Ratio Decidendi

The lease granted to Echoforde Limited without the mortgagee's written consent is not binding on the receiver, who is entitled to possession; the second named defendant has not made out an arguable defence and is a trespasser; the balance of convenience also favours the plaintiff.

Court Disposition

Interlocutory injunction granted in favour of the plaintiff.

Orders

  • Defendants restrained from preventing, impeding or obstructing the receiver from taking possession of, collecting and accessing the property at 4, 5, 6, 7 and 8 Charlemont Street.
  • Order granted against both defendants.