K. (F.) v. H. (T.) [2001] IEHC 212 (31 October 2001)

K. (F.) v. H. (T.) [2001] IEHC 212 (31 October 2001)

The appointment of a Receiver and sale of the premises is appropriate as there is no equity against it, and any defect in notice under Section 3(2)(b) can be remedied; only persons with a present entitlement, not mere expectations, are entitled to notice.

Citation
[2001] IEHC 212
Parties
Plaintiff/applicant: F K; Defendant/respondent: T H; Defendant/respondent: J H; Notice Party: A. I. B. Bank
Jurisdiction
Ireland
Judgment Date
31 October 2001
Procedural Posture
Motion Under Proceeds of Crime Act, 1996 / Application for Appointment of Receiver and Ancillary Orders
Outcome
Application for appointment of Receiver granted, subject to hearing counsel on terms of order.
Legal Topics
Proceeds of Crime, Appointment of Receiver, Notice Requirements, Statutory Interpretation
Criminal Law Property Law Equity Proceeds of Crime Appointment of Receiver Notice Requirements Statutory Interpretation

Case Brief

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Parties

F K

Plaintiff/applicant

T H

Defendant/respondent

J H

Defendant/respondent

A. I. B. Bank

Notice Party

Procedural Posture

Motion Under Proceeds of Crime Act, 1996 / Application for Appointment of Receiver and Ancillary Orders

Legal Issues

  1. 1 Whether a Receiver should be appointed over the premises under the Proceeds of Crime Act, 1996 Section 7
  2. 2 Whether the interlocutory order under Section 3 was defective for lack of notice under Section 3(2)(b)
  3. 3 Who is entitled to notice under Section 3(2)(b)

Ratio Decidendi

The appointment of a Receiver and sale of the premises is appropriate as there is no equity against it, and any defect in notice under Section 3(2)(b) can be remedied; only persons with a present entitlement, not mere expectations, are entitled to notice.

Court Disposition

Application for appointment of Receiver granted, subject to hearing counsel on terms of order.

Orders

  • Receiver to be appointed over the premises with power to sell, subject to terms to be settled.
  • Condition to ensure discharge of charge over family home from proceeds of sale.