Mackey (t/a MDS Contracts) v Hughes & Anor [2021] NICh 20 (08 November 2021)

Damages are an adequate remedy for the plaintiff; defendants are in a position to pay damages; no solid evidence of dissipation of assets; granting injunction would be oppressive and not equitable.

Citation: [2021] NICh 20
Parties: Applicant/plaintiff: Gerard Mackey trading as MDS Contracts; Respondent/defendant: Brian Hughes; Respondent/defendant: Ann-Marie Hughes
Jurisdiction: Northern Ireland
Judgment Date: 08 November 2021
Procedural Posture: Interlocutory Application for Injunction and Related Relief / Interim Hearing
Outcome: Application refused
Legal Topics: Interlocutory Injunction, Specific Performance, Equitable Assignment, Mareva Injunction, Adequacy of Damages

Contract Law Equity Civil Procedure Interlocutory Injunction Specific Performance Equitable Assignment Mareva Injunction Adequacy of Damages

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Parties

Gerard Mackey trading as MDS Contracts

Applicant/plaintiff

Brian Hughes

Respondent/defendant

Ann-Marie Hughes

Respondent/defendant

Procedural Posture

Interlocutory Application for Injunction and Related Relief / Interim Hearing

Legal Issues

1 Whether the plaintiff is entitled to an interlocutory injunction permitting re-entry to the site
2 Whether the plaintiff is entitled to an order for payment of mortgage funds
3 Whether the plaintiff is entitled to a Mareva injunction freezing £50,000

Ratio Decidendi

Damages are an adequate remedy for the plaintiff; defendants are in a position to pay damages; no solid evidence of dissipation of assets; granting injunction would be oppressive and not equitable.

Court Disposition

Application refused