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The Court of Appeal dismissed appeals brought by the defendant, a barrister, against several decisions of the High Court, which had granted the plaintiff an interlocutory injunction restraining the defendant from trespassing on a property subject to a judgment mortgage. The High Court had refused to recuse itself, denied an application for adjournment, and rejected requests for cross-examination of affidavit deponents. The appeals were dismissed on all grounds, as the defendant was found to have improperly retaken possession of the property after the sheriff had executed an order for possession in favour of the plaintiff, who was entitled to vacant possession to facilitate a court-ordered sale. Allegations of judicial impropriety, questions about the plaintiff's standing, and claims relating to the validity of previous cost orders were all found to be unsubstantiated or inadmissible. The appeal court affirmed that an injunction was justified to prevent ongoing trespass and that no sound legal or factual basis existed to overturn the High Court's orders.
interlocutory injunction – trespass – mortgage enforcement – judgment mortgage – property possession – High Court order – Court of Appeal – recusal application – affidavit evidence – proprietary interest – locus standi – costs order – Sheriff execution – cross-examination of deponents – article 40.5 of the Constitution – McDonagh v. Clare County Council – Rules of the Superior Courts (RSC)
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