Defendants restrained from entering onto properties in which they have no legal interest

High Court - Summary judgment - bankruptcy - injunctions - an application by the Plaintiff seeking declaratory relief as to the title of the Defendants of two properties assigned to them - seeking permanent injunctions restraining the Defendants from entering onto or interfering with the properties - plaintiff alleging that the defendants broke into properties owned by them and conducted a campaign of false and defamatory statements against the plaintiff's agents in pursuit of intimidation - alleges that the defendants caused damage to the properties and misappropriated monies - In 2005 the first defendant accepted a loan offer for the purpose of acquiring eight residential properties - the loan was secured on the eight properties - a deed of mortgage and charge was executed over the Blackacre property on 6th January 2006 and a deed of mortgage and charge over Whiteacre on 10th January 2006 - order for possession of properties in October 2009 in favour of EBS - reciever appointed in May 2010 - Judgment marked in the Central office against the first defendant in September 2013 - the first defendant's loan and security were transferred to Beltany Property Finance dac on 30 June 2017 - proceedings brought against the defendants by the receiver in 2014 and an order restraining the defendants from interfering with the properties was granted in May 2015 - appeals dismissed by the Court of Appeal - orders not complied with and first defendant was attached and second defendant committed - second defendant's appeal was dismissed by Court of Appeal - second defendant purged her contempt - first defendant adjudicated bankrupt in April 2017 and discharged in April 2018 - Blackacre and Whiteacre sold to the plaintiff on 10 September 2018 and entered possession on 11 September 2018 - In December 2018 the site at Blackacre was broken into and locks changed, group removed by Gardaí - the first defendant led a group to break into Whiteacre on the same day - on 28 January 2019 the first defendant broke into the property at Blackacre again and second defendant joined - the first defendant could not be removed by gardaí - interim and interlocutory orders granted restraining the defendants from trespassing and interfering with the properties - defence claims the plaintiff is not the full legal and beneficial owner of the properties and that the first defendant is - application for summary judgment other than liquidated damages - inherent jurisdiction of court - Defendants raise multiple defences - bankruptcy did not extinguish the first defendants loan facilities - failure by EBS to disclose facilities transferred to Beltany did not entitle the defendant to remain legal and beneficial owner of properties or invalidate the transfer - the defendant had no equitable interest in the property nor did estoppel arise - no evidence that defendants would have purchased the properties or would have been accepted - estoppel does not arise by virtue of a naming of an asking price - statutory of power of sale does not require seller to be mortgagee in possession - no issues arising in relation to the formalities of the conveyance and assignment - the first defendant had no interest in the properties and therefore no interest to communicate with agents of servants of the plaintiff - Order 19 Rule 28 - striking out the counterclaim on the grounds same discloses no reasonable cause of action and is bound to fail, frivolous and vexatious and an abuse of process - counterclaim is a repeat of the defence raised - seeks declaratory relief that they are the legal and beneficial owners of the properties - no substance in the claim for breach of privacy in the plaintiff exhibiting an unredacted judgment of the court - no arguable defence raised - declaration that they, nor do either of them, have any estate, right, title or interest in either properties - permanent injunction restraining them and their servants or agents from trespassing or entering upon or interfering with the properties - counterclaim dismissed for disclosing no reasonable cause of action.