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High Court grants an interlocutory injunction in proceedings concerning a dispute in an agreement over payment of debt and sale of properties, on the grounds that: the Plaintiff has established that there is a fair question to be tried; the balance of justice favours granting the injunction given that it would not require the parties to do anything, merely preserve the status quo; the chances of their being a market drop in property prices is very low; the plaintiff has given a general undertaking as to damages and a specific undertaking to retain all rent received from the properties in issue pending the determination of the action; and the Court is satisfied there is no prejudice to the defendants by granting the injunction.
Interlocutory injunction - Plaintiff indebted to the Defendant for a sum exceeding €4 million – alleged that the Plaintiff agreed to sell a number of his properties and the proceeds would be furnished to the first defendant in full and final settlement – part performance of the contract – contract law - plaintiff seeks interlocutory injunction to prevent second, third, fourth and fifth defendants from entering certain properties interfering with the occupants pending the determination of the action – fair question to be tried – balance of justice favoured granting the injunction – preserve the status quo - court is satisfied that the risk of there being a drop in the value of properties in the Dublin area between now and the time when the action is likely to come on for hearing, which the court estimates to be in approximately 12 months’ time, is very low - the court will grant an injunction in the terms of paragraph 1 of the plaintiff's notice of motion – injunction granted.
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