McCann -v- Morrissey & Ors [2013] IEHC 288 (21 June 2013)

McCann -v- Morrissey & Ors [2013] IEHC 288 (21 June 2013)

The leases and tenancy created by Mr. Morrissey without the Bank's written consent are void and do not affect the Bank's interest as mortgagee; the Receiver has established a strong prima facie case for interlocutory injunctive relief, and no prejudice from delay has been shown to defeat equitable relief.

Citation
[2013] IEHC 288
Parties
Plaintiff: Paul McCann; Defendant: John Morrissey; Defendant: Northbrook Property Management Limited; Defendant: IGBIS Limited; Defendant: Cyan Technologies Limited; Defendant: Capital D Property PLC; Defendant: Darren Lancaster
Jurisdiction
Ireland
Judgment Date
21 June 2013
Procedural Posture
Plenary Summons With Interlocutory Application / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted in favour of the Receiver
Legal Topics
Validity of Leases Under Mortgage, Receiver's Rights, Interlocutory Injunctions, Laches, Adequacy of Damages
Property Law Equity Mortgage Law Validity of Leases Under Mortgage Receiver's Rights Interlocutory Injunctions Laches Adequacy of Damages

Case Brief

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Parties

Paul McCann

Plaintiff

John Morrissey

Defendant

Northbrook Property Management Limited

Defendant

IGBIS Limited

Defendant

Cyan Technologies Limited

Defendant

Capital D Property PLC

Defendant

Darren Lancaster

Defendant

Procedural Posture

Plenary Summons With Interlocutory Application / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Are leases and tenancy created by Mr. Morrissey void for failure to obtain Bank's written consent?
  2. 2 Is the Receiver entitled to interlocutory injunctive relief restraining exclusion from possession?
  3. 3 Does the doctrine of laches defeat the Receiver's claim for equitable relief?

Ratio Decidendi

The leases and tenancy created by Mr. Morrissey without the Bank's written consent are void and do not affect the Bank's interest as mortgagee; the Receiver has established a strong prima facie case for interlocutory injunctive relief, and no prejudice from delay has been shown to defeat equitable relief.

Court Disposition

Interlocutory injunction granted in favour of the Receiver

Orders

  • Prohibitory injunction restraining defendants from preventing, impeding or obstructing the Receiver from gaining access to and taking possession of the Premises and collecting rents and licence fees.
  • Mandatory injunction directing defendants to account for all rents and licence fees received since 2nd November, 2010 and pay same to the Receiver.