Receivers’ appointment partially invalid with damages awarded for prolonged trespass

The Court of Appeal partially allowed the appellant's appeal from the High Court regarding the validity of receivers appointed over his lands based on three security instruments. The High Court had found the receivers were invalidly appointed under a 2004 mortgage but validly appointed under two 2009 mortgages, awarding only limited relief. The Court of Appeal affirmed the finding that the receivers’ appointment under the 2004 mortgage was void, faulting the receivers for failing to make proper inquiries, and awarded €30,000 in damages for trespass due to their prolonged and wrongful interference with the appellant’s possession of the land. However, the court held that new arguments as to the invalidity of the 2009 appointments could not be considered, as these had not been raised in the High Court, and thus did not disturb the findings that the 2009 appointments were valid. The order for costs below was set aside, with the appellant awarded his costs on appeal and relieved from any liability for the defendants’ costs in the High Court. The appeal succeeded in relation to damages and costs, but the appointments under the 2009 instruments remained valid.