Injunction refused where questions concerning validity of appointment of receiver were raised

Injunctions – seeking to restrain the defendants from interfering with the properties - borrowed in excess of €2.2 million from the Bank’s predecessor entity - Loan Agreements and the Bank’s entitlement to appoint a receiver under the mortgage documentation - potential defences – whether there was a valid demand and were the defendants in default prior to the appointment of the receiver - significant overcharging of interest by the Bank - whether, at the date of the receiver’s appointment, the defendants were in arrears under their facilities - European Central Bank’s main refinancing operations Minimum Bid Rate – delay by the plaintiff – explanation for delay – clean hands - balance of convenience and damages - residential investment properties which are occupied by various tenants - satisfied that the defendants have raised some arguments which have the potential to call into question the validity of the appointment of the plaintiff as receiver - permit the plaintiff to collect the rent or other income of the Properties pending the trial of these proceedings -