Start Mortgages Ltd -v- Doheny & anor [2014] IEHC 656 (19 December 2014)

Start Mortgages Ltd -v- Doheny & anor [2014] IEHC 656 (19 December 2014)

There is no jurisdiction for the court to appoint a receiver by way of equitable execution over future debts that may become payable to the judgment debtor, as such jurisdiction is confined to cases where the debtor has only an equitable interest in property, and unliquidated damages from a personal injuries action do not constitute such an interest.

Citation
[2014] IEHC 656
Parties
Plaintiff: Start Mortgages Limited; Defendant: Christopher Doheny; Defendant: Dorothy Doheny
Jurisdiction
Ireland
Judgment Date
19 December 2014
Procedural Posture
Civil / Application to Make Conditional Order Appointing Receiver Absolute
Outcome
application refused
Legal Topics
Appointment of Receiver by Way of Equitable Execution, Future Debts, Personal Injury Damages, Stare Decisis
Civil Procedure Enforcement of Judgments Equity Appointment of Receiver by Way of Equitable Execution Future Debts Personal Injury Damages Stare Decisis

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Parties

Start Mortgages Limited

Plaintiff

Christopher Doheny

Defendant

Dorothy Doheny

Defendant

Procedural Posture

Civil / Application to Make Conditional Order Appointing Receiver Absolute

Legal Issues

  1. 1 Whether the court has jurisdiction to appoint a receiver by way of equitable execution over future damages from a personal injuries action
  2. 2 Whether unliquidated damages constitute an equitable interest in property for the purposes of equitable execution

Ratio Decidendi

There is no jurisdiction for the court to appoint a receiver by way of equitable execution over future debts that may become payable to the judgment debtor, as such jurisdiction is confined to cases where the debtor has only an equitable interest in property, and unliquidated damages from a personal injuries action do not constitute such an interest.

Court Disposition

application refused

Orders

  • Relief sought in the notice of motion is refused