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 |
Court of Appeal grants an interlocutory injunction to halt the sale of farmlands, questioning the validity of the receiver's appointment following a loan transfer. The original High Court decision, which refused the injunction, was challenged on the grounds that the receiver's novation was not contemporaneous with the loan transfer, potentially affecting the receiver's authority to sell the lands. The Court of Appeal found a fair issue to be tried and determined that the balance of justice favored granting the injunction, despite the appellant's significant delay in seeking relief.
Interlocutory injunction, receiver appointment, loan transfer, novation, farmlands, contract of sale, validity, retrospective effect, fiduciary duty, balance of justice, delay, proprietary rights, specific performance, trespasser, slander of title, adequate remedy, damages, undertaking as to damages.
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