Kavanagh -v- Murphy [2016] IEHC 718 (06 December 2016)

Kavanagh -v- Murphy [2016] IEHC 718 (06 December 2016)

Plaintiff raised a fair bona fide question regarding validity of appointment and entitlement as receiver; damages inadequate as defendant cannot pay; balance of convenience favours sale to discharge indebtedness; mandatory reliefs are ancillary; interlocutory injunctions granted.

Citation
[2016] IEHC 718
Parties
Plaintiff: Tom Kavanagh; Defendant: Seamus Murphy
Jurisdiction
Ireland
Judgment Date
06 December 2016
Procedural Posture
Interlocutory Injunction Application / Interlocutory
Outcome
interlocutory injunctions granted
Legal Topics
Receivership, Mortgage Enforcement, Assignment of Loan, Interlocutory Injunctions
Property Law Insolvency Law Banking Law Receivership Mortgage Enforcement Assignment of Loan Interlocutory Injunctions

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Parties

Tom Kavanagh

Plaintiff

Seamus Murphy

Defendant

Procedural Posture

Interlocutory Injunction Application / Interlocutory

Legal Issues

  1. 1 validity of receiver's appointment
  2. 2 entitlement to exercise receivership functions
  3. 3 assignment of loan without borrower consent

Ratio Decidendi

Plaintiff raised a fair bona fide question regarding validity of appointment and entitlement as receiver; damages inadequate as defendant cannot pay; balance of convenience favours sale to discharge indebtedness; mandatory reliefs are ancillary; interlocutory injunctions granted.

Court Disposition

interlocutory injunctions granted

Orders

  • Plaintiff granted prohibitory and mandatory interlocutory injunctions restraining interference with receivership and requiring delivery of possession.