Ryan v Dengrove DAC (Approved) [2020] IEHC 533 (29 September 2020)

Ryan v Dengrove DAC (Approved) [2020] IEHC 533 (29 September 2020)

The balance of justice does not favour granting an interlocutory injunction restraining the receiver from selling the Site. The property is commercial, substantial sums are owed, no compelling evidence of undervalue was provided, and damages are an adequate remedy. The Settlement Agreement ceased to have legal effect after the sale deadline, entitling Dengrove to appoint a receiver.

Citation
[2020] IEHC 533
Parties
Plaintiff: Pat Ryan; Plaintiff: Phil Monahan; Defendant: Dengrove DAC; Defendant: Ken Tyrrell
Jurisdiction
Ireland
Judgment Date
29 September 2020
Procedural Posture
Commercial Injunction Application / Interlocutory Application
Outcome
Interlocutory injunction refused; interim injunction discharged.
Legal Topics
Interlocutory Injunctions, Receiver Appointment, Settlement Agreements, Adequacy of Damages, Balance of Justice
Commercial Law Property Law Equity Interlocutory Injunctions Receiver Appointment Settlement Agreements Adequacy of Damages Balance of Justice

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Parties

Pat Ryan

Plaintiff

Phil Monahan

Plaintiff

Dengrove DAC

Defendant

Ken Tyrrell

Defendant

Procedural Posture

Commercial Injunction Application / Interlocutory Application

Legal Issues

  1. 1 Whether an interlocutory injunction should restrain the receiver from selling the property pending trial
  2. 2 Whether the Settlement Agreement remains legally effective after the sale deadline
  3. 3 Whether the receiver's sale would be at undervalue

Ratio Decidendi

The balance of justice does not favour granting an interlocutory injunction restraining the receiver from selling the Site. The property is commercial, substantial sums are owed, no compelling evidence of undervalue was provided, and damages are an adequate remedy. The Settlement Agreement ceased to have legal effect after the sale deadline, entitling Dengrove to appoint a receiver.

Court Disposition

Interlocutory injunction refused; interim injunction discharged.

Orders

  • Interim injunction restraining receiver from selling the Site is discharged.
  • No permanent injunction granted pending trial.