O'Brien & Anor v Markham & Ors (Approved) [2024] IEHC 202 (12 April 2024)

O'Brien & Anor v Markham & Ors (Approved) [2024] IEHC 202 (12 April 2024)

Plaintiffs established a strong case for entitlement to possession and reliefs based on mortgage security, default, assignment, and receiver appointment. Respondent failed to substantively deny key facts. Balance of justice favours granting interlocutory injunctions, subject to possible stay for occupants.

Citation
[2024] IEHC 202
Parties
Applicant: Tom O'Brien; Applicant: Promontoria (Finn) Limited; Respondent: Thomas Markham; Respondent: Persons Unknown Occupying the Premises at 12 Woodford View, Clondalkin, Dublin 22
Jurisdiction
Ireland
Judgment Date
12 April 2024
Procedural Posture
Interlocutory Application / Judgment on Interlocutory Injunction
Outcome
Interlocutory injunctions granted in terms of Notice of Motion.
Legal Topics
Interlocutory Injunctions, Receiver Appointment, Mortgage Enforcement, Balance of Convenience, Lis Pendens
Property Law Mortgage Law Civil Procedure Interlocutory Injunctions Receiver Appointment Mortgage Enforcement Balance of Convenience Lis Pendens

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Parties

Tom O'Brien

Applicant

Promontoria (Finn) Limited

Applicant

Thomas Markham

Respondent

Persons Unknown Occupying the Premises at 12 Woodford View, Clondalkin, Dublin 22

Respondent

Procedural Posture

Interlocutory Application / Judgment on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiffs are entitled to interlocutory injunctions for possession and restraint against the defendants.
  2. 2 Whether the plaintiffs have established a sufficiently strong case for mandatory and prohibitory reliefs.
  3. 3 Whether the balance of justice favours granting the injunctions.

Ratio Decidendi

Plaintiffs established a strong case for entitlement to possession and reliefs based on mortgage security, default, assignment, and receiver appointment. Respondent failed to substantively deny key facts. Balance of justice favours granting interlocutory injunctions, subject to possible stay for occupants.

Court Disposition

Interlocutory injunctions granted in terms of Notice of Motion.

Orders

  • Defendants ordered to vacate and deliver up possession of the property to plaintiffs.
  • Defendants restrained from interfering with receiver's functions and office.