Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Judgment debtors fail to have judgment set aside
|
or click here to request site subscription to search and view all judgments |
High Court refuses application by judgment debtors for injunction to restrain receivers from selling assets, where it was alleged that they had only consented to judgment on foot of agreement that a recommendation would be made to the bank's credit control committee, but the "recommendation" had not been couched in positive terms, on grounds that the matter was res judicata and there was no fair issue to be tried.
Claim by judgment debtors - debt of €17m - claim to have judgment vacated - allegedly obtained on foot of settlement agreement that was not completed - application for injunction restraining receivers from setting assets - agreement that proposal for credit facilities would be recommended to credit committee of bank - judgment to be entered if proposal rejected - whether recommendation had been couched in such negative terms that it breached agreement - data protection request - final nature of order - whether fraud alleged - whether fair issue to be tried - whether induced to enter settlement by representation that proposal would be recommended to credit committee - whether matter res judicata - determined in previous hearing - whether damages were an adequate remedy.
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.
