Pasture Properties v. Evans [1999] IEHC 214 (5th February, 1999)

Pasture Properties v. Evans [1999] IEHC 214 (5th February, 1999)

Plaintiff established a fair issue to be tried regarding boundary and right-of-way, but failed to satisfy the Court on adequacy of undertaking as to damages and balance of convenience; interlocutory injunction refused.

Citation
[1999] IEHC 214
Parties
Plaintiff: Pasture Properties Limited; Defendant: William Thomas Evans
Jurisdiction
Ireland
Procedural Posture
Chancery/property / Interlocutory Application for Injunction
Outcome
Application for interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Trespass, Right of Way, Boundary Disputes
Property Law Civil Procedure Interlocutory Injunctions Trespass Right of Way Boundary Disputes

Case Brief

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Parties

Pasture Properties Limited

Plaintiff

William Thomas Evans

Defendant

Procedural Posture

Chancery/property / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the Defendant encroached over the Plaintiff's boundary in constructing a wall
  2. 2 Whether the Defendant's works obstruct the Plaintiff's right-of-way

Ratio Decidendi

Plaintiff established a fair issue to be tried regarding boundary and right-of-way, but failed to satisfy the Court on adequacy of undertaking as to damages and balance of convenience; interlocutory injunction refused.

Court Disposition

Application for interlocutory injunction refused

Orders

  • Plaintiff directed to deliver Statement of Claim within six weeks
  • Costs reserved