Kavanagh -v- Walsh [2018] IEHC 91 (16 February 2018)

Kavanagh -v- Walsh [2018] IEHC 91 (16 February 2018)

The deed of appointment was validly executed and attested in accordance with statutory requirements, and evidence sufficiently established the identity of the attesting director; subjective difficulty in reading the signature does not invalidate the deed.

Citation
[2018] IEHC 91
Parties
Plaintiff: Tom Kavanagh; Defendant: Joseph Walsh
Jurisdiction
Ireland
Judgment Date
16 February 2018
Procedural Posture
Injunction and Possession Order / Judgment on Validity of Receiver's Appointment
Outcome
Plaintiff's appointment as receiver upheld; deed validly executed and attested.
Legal Topics
Receiver Appointment, Execution of Deeds, Attestation Clause, Company Seal Authentication
Company Law Property Law Receiver Appointment Execution of Deeds Attestation Clause Company Seal Authentication

Case Brief

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Parties

Tom Kavanagh

Plaintiff

Joseph Walsh

Defendant

Procedural Posture

Injunction and Possession Order / Judgment on Validity of Receiver's Appointment

Legal Issues

  1. 1 Whether the deed of appointment of receiver was validly executed and attested
  2. 2 Whether the attestation clause and signature of director satisfy statutory requirements

Ratio Decidendi

The deed of appointment was validly executed and attested in accordance with statutory requirements, and evidence sufficiently established the identity of the attesting director; subjective difficulty in reading the signature does not invalidate the deed.

Court Disposition

Plaintiff's appointment as receiver upheld; deed validly executed and attested.

Orders

  • Injunctive relief and order for possession granted to plaintiff.