Ward v Tower Trade Finance (Ireland) Ltd & anor (Approved) [2021] IEHC 165 (12 March 2021)

Ward v Tower Trade Finance (Ireland) Ltd & anor (Approved) [2021] IEHC 165 (12 March 2021)

The plaintiff failed to establish a fair issue to be tried as to entitlement to a permanent injunction; the jurisdiction clause in the trading agreement was non-exclusive and did not oust the Irish court's jurisdiction; the plaintiff had independent legal advice and there was no evidence of misrepresentation or breach sufficient to invalidate the charge.

Citation
[2021] IEHC 165
Parties
Plaintiff: Philip Ward; First Defendant: Tower Trade Finance (Ireland) Limited; Second Defendant: Aengus Burns
Jurisdiction
Ireland
Judgment Date
12 March 2021
Procedural Posture
Interlocutory Application for Injunction / High Court Judgment
Outcome
Application for interlocutory injunction refused.
Legal Topics
Interlocutory Injunction, Validity of Charge, Jurisdiction Clauses, Misrepresentation, Rectification of Register
Property Law Contract Law Equity Interlocutory Injunction Validity of Charge Jurisdiction Clauses Misrepresentation Rectification of Register

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Parties

Philip Ward

Plaintiff

Tower Trade Finance (Ireland) Limited

First Defendant

Aengus Burns

Second Defendant

Procedural Posture

Interlocutory Application for Injunction / High Court Judgment

Legal Issues

  1. 1 Whether the charge over plaintiff's land is invalid due to alleged misrepresentation or breach of contract
  2. 2 Whether the Irish High Court lacked jurisdiction due to a non-exclusive jurisdiction clause in the trading agreement
  3. 3 Whether the plaintiff is entitled to an interlocutory injunction restraining sale of land

Ratio Decidendi

The plaintiff failed to establish a fair issue to be tried as to entitlement to a permanent injunction; the jurisdiction clause in the trading agreement was non-exclusive and did not oust the Irish court's jurisdiction; the plaintiff had independent legal advice and there was no evidence of misrepresentation or breach sufficient to invalidate the charge.

Court Disposition

Application for interlocutory injunction refused.

Orders

  • Plaintiff's application for injunction restraining sale of land refused.
  • Costs to follow the event, subject to written submissions within fourteen days.