High Court, in dispute over the beneficial ownership of a property, grants order that the defendant is entitled to access funds which would otherwise be frozen in order to fund its defence, where the claim in the proceedings is not a proprietary claim to the frozen funds, on the grounds that the potential prejudice to the plaintiff does not outweigh the prejudice to the defendant if the relief were refused.
Bankruptcy – Official Assignee in the estate of Sean Dunne – whether Walford, Shrewsbury Road, Dublin 4 was beneficially owned by the bankrupt on the date of his adjudication – s. 44 of the Bankruptcy Act 1988 – defendant is a limited liability company registered in Limassol in Cyprus and is ultimately beneficially owned by the bankrupt’s son, John Dunne – whether the defendant was not a bona fide purchaser for value without notice – s. 74 of the Land and Conveyancing Law Reform Act 2009 – partial release of funds to enable it to finance its defence of the proceedings – whether the defendant should be entitled to access the funds to pay its reasonable legal and other fees in defending the proceedings – Mareva Injunctions and Anton Piller Relief – defendant is entitled to access the funds which would otherwise be frozen in order to fund its defence where the claim in the proceedings is not a proprietary claim to the frozen funds.