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Balance of justice favours injunction restraining sale of land
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High Court grants an interlocutory injunction restraining the defendant receivers from taking any steps to sell land involved in a property dispute, on the grounds, inter alia, that if the plaintiff was to succeed at trial, a permanent injunction would likely be granted; damages are not an adequate remedy; and the balance of justice favours the granting of the injunction.
Property dispute - interlocutory injunctions - plaintiff seeking interlocutory injunction restraining defendants from taking any steps, directly or indirectly, to sell or market the lands in dispute and to prohibit the defendants from acting in their capacity as receivers over the said lands - plaintiff alleges that it never entered into any mortgage or charge in favour of AIB or AIB mortgage bank over the said property - test established in Merck Sharp and Dohme v Clonmel Healthcare Ltd - satisfied - interlocutory injunctions granted.
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