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Insufficient grounds to restrain eviction from property subject to substantial secured debt
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The Court of Appeal has dismissed an appeal from the High Court, and affirmed a refusal of an interlocutory injunction to restrain eviction from a property with a substantial unpaid secured debt. The original possession order by the Circuit Court was affirmed by the High Court, and the appellant's subsequent appeal was dismissed. The Court of Appeal found that the appellant had not provided sufficient grounds to overturn the High Court's order, emphasizing the significant debt, the long period without repayments, and the tactical delay in seeking the injunction. The Court also noted the absence of an undertaking as to damages, which weighed against the grant of the injunction.
Court of Appeal, interlocutory injunction, eviction, secured debt, possession order, Family Home Protection Act 1976, constitutional challenge, balance of convenience, serious issue to be tried, undertaking as to damages, delay in proceedings, maxim of equity, clean hands doctrine, tactical litigation, permanent injunction, costs of appeal.
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