High Court grants a receiver an order for possession of a property, subject to the entitlement of the first named defendant to his beneficial interest, solely arising from the deposit provided on his behalf in lieu of work he had carried out in the development.
Claim for possession by a receiver - in lieu of monies outstanding to the first named defendant’s company he would be entitled to purchase one of the properties in the development - construction company provided a deposit of €51,285 in lieu of payment to the first named defendant’s company on one of the properties in the development - purchase price agreed as €450,000 - sale never closed - first named defendant acquired a beneficial interest in property being whatever percentage €51,285 is to the overall purchase price of €450,000 which he is entitled to have noted on the register - no evidence of additional agreement - receiver is entitled to an order for possession subject to the entitlement of the first named defendant to his beneficial interest solely arising from the deposit paid.