Kavanagh & Anor -v- Lynch & Ors [2011] IEHC 348 (31 August 2011)

Kavanagh & Anor -v- Lynch & Ors [2011] IEHC 348 (31 August 2011)

The plaintiffs were validly appointed as receivers under the respective mortgages, which contractually incorporated statutory powers in force at the time of creation. The repeal of statutory provisions did not affect their contractual rights. The defendants' refusal to allow access and interference with the receivers' functions amounted to trespass. The plaintiffs established a strong case for interlocutory injunctive relief, and the balance of convenience favored granting the orders sought.

Citation
[2011] IEHC 348
Parties
Plaintiff: Tom Kavanagh; Plaintiff: Fergus Lowe; Defendant: Jeremiah Lynch; Defendant: St. Angela’s Student Residences Limited
Jurisdiction
Ireland
Judgment Date
31 August 2011
Procedural Posture
Interlocutory Application in Plenary Proceedings / Interlocutory (application for Injunctions Pending Trial)
Outcome
Interlocutory injunctions granted in part, pending trial.
Legal Topics
Receivership, Mortgage Enforcement, Possession Proceedings, Interlocutory Injunctions, Fixtures and Chattels, Priority of Security Interests
Property Law Banking Law Equity Injunctions Receivership Mortgage Enforcement Possession Proceedings Interlocutory Injunctions +2 more

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Parties

Tom Kavanagh

Plaintiff

Fergus Lowe

Plaintiff

Jeremiah Lynch

Defendant

St. Angela’s Student Residences Limited

Defendant

Procedural Posture

Interlocutory Application in Plenary Proceedings / Interlocutory (application for Injunctions Pending Trial)

Legal Issues

  1. 1 Whether the plaintiffs as receivers were validly appointed and entitled to possession of the mortgaged property and to collect rents and profits; Whether the repeal of statutory provisions affected the receivers' powers; Whether the defendants' actions amounted to trespass; Whether interlocutory injunctive relief should be granted to the plaintiffs.

Ratio Decidendi

The plaintiffs were validly appointed as receivers under the respective mortgages, which contractually incorporated statutory powers in force at the time of creation. The repeal of statutory provisions did not affect their contractual rights. The defendants' refusal to allow access and interference with the receivers' functions amounted to trespass. The plaintiffs established a strong case for interlocutory injunctive relief, and the balance of convenience favored granting the orders sought.

Court Disposition

Interlocutory injunctions granted in part, pending trial.

Orders

  • Defendants restrained from remaining on or continuing in occupation of the property and from refusing access to the plaintiffs.
  • Defendants restrained from interfering with the exercise by the plaintiffs of their functions as receivers.