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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to permanently restrain a former property owner and his company from interfering with the new owners of several industrial units and an order that they pay €150,000 in damages for trespass. The appellants had challenged the sale of the properties, alleging a conspiracy to exclude a higher bidder and questioning the validity of the sale under section 103 of the Land and Conveyancing Law Reform Act, 2009. However, the court found no credible evidence of conspiracy and dismissed the appellants' claims, including the assertion of a leasehold interest by another company, which was found to be based on fabricated evidence.
Court of Appeal, permanent injunction, damages for trespass, industrial units, property ownership, receivership, online auction, conspiracy, leasehold interest, fabrication of evidence, Land and Conveyancing Law Reform Act, 2009, best price reasonably obtainable, mortgagee, power of sale, interlocutory order, legal practitioner and own client costs, fiduciary duty, breach of trust, fabricated document, section 103 (duty of mortgagee to sell at best price), negative pledge (restriction on property transfer without lender's consent).
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.
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