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The High Court has granted an injunction to restrain the sale of a commercial property development, accepting the plaintiff had a strong case in alleging that his signature on a key financial document was forged. The court found that if the allegations of forgery were proven at trial, the defendants' actions would be significantly at odds with the principles of real property rights in Irish law. While the plaintiff could be compensated by damages, the potential violation of property rights due to the alleged forgery was deemed a substantial factor, tipping the balance of justice in favor of halting the sale. The court declined to order the defendants to relinquish possession or account for rent at this stage, and emphasized the need for an expedited trial.
interlocutory injunction, commercial property, forged signature, real property rights, balance of justice, injunction granted, sale halted, damages as remedy, expedited trial, property development, Town Renewal Scheme, mortgage, security, receiver, financial document, Land and Conveyancing Law Reform Act 2009, statutory declaration, public policy, adequacy of damages, enforcement of debt.
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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