Ahern v Michael O'Brien & Company Ltd

• Jurisdiction: Ireland
• Judge: O'Hanlon J.,
• Judgment Date: 01 January 1991
• Neutral Citation: [1989] IEHC 22
• Court: High Court
• Docket Number: Record No. 1984/559,[1984 No. 559]
• Date: 01 January 1991

AHERN v. O'BRIEN

IN THE MATTER OF THE ARBITRATION AWARD OF EDWARD GLEESON

IN THE MATTER OF THE ARBITRATION ACTS, 1954 AND 1980

BETWEEN/

DAVID AHERN

PLAINTIFF

AND

MICHAEL O'BRIEN & CO. LTD.

DEFENDANT

[1989] IEHC 22

Record No. 1984/559

THE HIGH COURT

Synopsis:

PRACTICE

Debts

Attachment - Receiver - Appointment - Equitable execution - Rents payable ~in futuro~ to judgment debtor - Conditional order - Held that the named solicitor should be appointed receiver by of equitable execution over the interest of the debtor in the rents specified in the application in respect of the several gales of the said rents payable to the debtor after the service of the order of the court, unless cause were shown by the debtor to the contrary before the date specified in the said order: ~Clery & Co. (1944) Ltd. v. O'Donnell~ 78 I.L.T.R. 190, ~Orr v. Grierson~ 28 L.R. Ir. 20 and ~Coen v. Ruddy~ [1905] 2 I.R. 56 considered - (1984/559 - O'Hanlon J. - 8/5/89) - [1991] 1 I.R. 421

|Ahern v. Michale O'Brien & Co.|

JUDGMENT

Enforcement

Equity - Receiver - Appointment - Rents - Receiver appointed over gales of rent payable in futuro to debtor by third party - Conditional order - (1984/559 - O'Hanlon J. - 8/5/89) 1991 1 IR 421

|Ahern v. Michael O'Brien & Co.|

Citations:

CLERY & CO LTD V O'DONNELL 78 ILTR 190

COHEN V RUDDY 1905 2 IR 56

ORR V GRIERSON 28 LR IRL 20

1 Judgement delivered by O'Hanlon J., the 8th May, 1989.

2 The Plaintiff recovered judgement against the Defendant for the sum of £1,791.68 with interest from the 15th March 1982 totalling £1,346.74 to the 10th February, 1989, and costs amounting to £1,076.50 of arbitration proceedings. There is now due and owing by the Defendant to the Plaintiff a total of £4,214.92 together with the High Court costs which have not yet been taxed and ascertained.

3 The Plaintiff applied to the Court to appoint a receiver by way of equitable execution over certain ground rents payable to the Defendant out of properties comprised in Folio 33668 of the Register of Freeholders, Co. Cork, the Defendant Company being entitled to a moiety interest in the said lands in common with one, Thomas Barber.

4 Generally speaking, a receiver by way of equitable execution will not be appointed over payments to be made in the future, but only over payments which have already accrued due and which have not as yet been paid over to a Defendant. See the decision in Clery & Co. (1941...