Kavanagh v Morrin [2018] IEHC 720 (13 December 2018)

Kavanagh v Morrin [2018] IEHC 720 (13 December 2018)

Uncontroverted affidavit evidence establishes beyond reasonable doubt that the defendant is in breach of the High Court order by remaining in occupation, failing to surrender possession, and obstructing the plaintiff's efforts; plaintiff is entitled to an order of attachment.

Citation
[2018] IEHC 720
Parties
Plaintiff: Tom Kavanagh; Defendant: Tom Morrin
Jurisdiction
Ireland
Judgment Date
13 December 2018
Procedural Posture
Plenary Summons / Application for Order of Attachment and Cross Motion
Outcome
Plaintiff's application granted; defendant's cross-motion refused.
Legal Topics
Contempt of Court, Enforcement of Court Orders, Possession of Property
Civil Procedure Property Law Contempt of Court Enforcement of Court Orders Possession of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Tom Kavanagh

Plaintiff

Tom Morrin

Defendant

Procedural Posture

Plenary Summons / Application for Order of Attachment and Cross Motion

Legal Issues

  1. 1 Whether the defendant is in contempt of court for failing to comply with a High Court order regarding possession of property
  2. 2 Whether the plaintiff is entitled to an order of attachment against the defendant
  3. 3 Whether the defendant's cross-motion to prevent trespass and strike out the summons should be granted

Ratio Decidendi

Uncontroverted affidavit evidence establishes beyond reasonable doubt that the defendant is in breach of the High Court order by remaining in occupation, failing to surrender possession, and obstructing the plaintiff's efforts; plaintiff is entitled to an order of attachment.

Court Disposition

Plaintiff's application granted; defendant's cross-motion refused.

Orders

  • Plaintiff granted liberty to issue an Order of Attachment directed to the Commissioner and members of An Garda Síochana against the defendant.
  • Relief sought in defendant's cross-motion refused.