McCarthy & Anor v McCarthy & Anor (Approved) [2021] IEHC 115 (19 February 2021)

McCarthy & Anor v McCarthy & Anor (Approved) [2021] IEHC 115 (19 February 2021)

The plaintiffs failed to demonstrate urgency or explain delay in seeking interlocutory relief; despite making out a strong case for possession, the protracted delay and absence of urgent circumstances defeat the equitable remedy of injunction at this stage.

Source-derived case information.

Citation
[2021] IEHC 115
Parties
Plaintiff: Shane McCarthy; Plaintiff: Kieran Wallace; Defendant: John (otherwise Jonnie) McCarthy; Defendant: Wendy McCarthy
Jurisdiction
Ireland
Judgment Date
19 February 2021
Procedural Posture
Plenary Summons / Interlocutory Injunction Application
Outcome
application for interlocutory injunction refused
Legal Topics
Mortgage Enforcement, Receiver's Powers, Tenancy Validity, Delay in Seeking Equitable Relief, Mandatory Injunctions
Property Law Mortgage Law Landlord and Tenant Law Equity Mortgage Enforcement Receiver's Powers Tenancy Validity Delay in Seeking Equitable Relief +1 more

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Parties

Shane McCarthy

Plaintiff

Kieran Wallace

Plaintiff

John (otherwise Jonnie) McCarthy

Defendant

Wendy McCarthy

Defendant

Procedural Posture

Plenary Summons / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the defendants' asserted tenancy is valid against the mortgagee and receivers
  2. 2 Whether delay bars the plaintiffs from interlocutory equitable relief
  3. 3 Whether the balance of convenience and adequacy of damages favour granting an injunction

Ratio Decidendi

The plaintiffs failed to demonstrate urgency or explain delay in seeking interlocutory relief; despite making out a strong case for possession, the protracted delay and absence of urgent circumstances defeat the equitable remedy of injunction at this stage.

Court Disposition

application for interlocutory injunction refused

Orders

  • Application for interlocutory injunction dismissed
  • Parties to be heard on directions to progress action to trial