Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court dismissed an application by borrowers for an interlocutory injunction to restrain the sale of mortgaged farmland by a lender, finding that the borrowers were precluded from challenging the lender’s power of sale due to a prior settlement agreement. The court held that the borrowers, having entered into the revised settlement with the benefit of legal advice and expressly acknowledging the lender's rights, could not now dispute the sale or revive previously settled claims. The court further found that the borrowers’ conduct and delay amounted to acquiescence and laches, and that the proceedings themselves contravened the terms of the settlement. In addition, the court found that the daughter of the principal borrower had no standing to seek relief, as she had no demonstrated legal or beneficial interest in the land, nor was she a party to the relevant agreements. The application was dismissed and the lender was presumptively awarded costs.
interlocutory injunction – mortgaged property – power of sale – prior settlement agreement – delay – laches – acquiescence – contractual estoppel – standing – undue prejudice – undertaking as to damages – enforcement of security – Rules of the Superior Courts – costs
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now