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Court of Appeal dismisses appeal of High Court order granting an interlocutory injunction restraining the appellant from entering on or otherwise interfering with a dwelling and land, after the receiver over the lands had terminated the tenancy held by the appellant, on the grounds that the findings of the High Court in respect of the validly served notice of termination, the jurisdiction of the High Court to hear the proceedings notwithstanding the provisions applicable legislation, and the alleged abuse of process were unassailable.
Injunctions – appeal of High Court order granting an interlocutory injunction – appellant was restrained from entering on or otherwise interfering with the dwelling and land known as Blackhall House Stud, Bannow, County Wexford – receiver had terminated the tenancy held by Mr Collins – whether High Court had jurisdiction notwithstanding the provisions of the Residential Tenancies Act 2004 – alleged abuse of process – doctrine of res judiciata – whether the respondents have sought injunctive relief in circumstances where they have harassed and intimidated him and his family – clean hands – interlocutory injunctions – whether the High Court was wrong to find that the notice of termination was valid and was served on Mr. Collins in accordance with s. 6 of the Act – no basis on which this Court could hold that the judgment of the High Court was incorrect – appeal dismissed.
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