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The High Court has refused the plaintiff's request for an interlocutory injunction to prevent the sale of an investment property, despite establishing a fair question regarding the receiver's power of sale. The court determined that damages would be an adequate remedy for the plaintiff if the sale proceeded wrongfully, and the plaintiff's inability to satisfy a potential damages award weighed against granting the injunction. The decision focused on the balance of justice, considering the adequacy of damages, delay in seeking relief, and the plaintiff's financial capacity to honour an undertaking as to damages.
interlocutory injunction, receiver's power of sale, investment property, balance of justice, adequacy of damages, delay, financial capacity, undertaking as to damages, mortgagee in possession, statutory power of sale, fair question to be tried, status quo, property rights, Buy-to-Let, Promontoria, Ulster Bank, statutory limitations, online auction, property sale, debt dispute, mortgage transfer validity.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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