McCann v Halpin

• Jurisdiction: Ireland
• Judge: Ms. Justice Laffoy
• Judgment Date: 11 March 2016
• Neutral Citation: [2016] IESC 12
• Docket Number: [Appeal No. 40/2014]
• Court: Supreme Court
• Date: 11 March 2016

[2016] IESC 12

THE SUPREME COURT

Laffoy J.

[Appeal No. 40/2014]

Laffoy J.

Dunne J.

Charleton J.

BETWEEN

PAUL McCANN

PLAINTIFF/RESPONDENT

AND

PATRICK HALPIN

AND

ANN KEANE

DEFENDANTS/APPELLANTS

Insolvency ? Company ? Receivership ? Appointment of receiver ? Possession order against premises

Facts: The respondent had been appointed as receiver of certain companies of which the appellants had been directors of. A query was raised about whether the respondent had been validly appointed as receiver. The High Court had found that he was, and also granted a possession order in respect of premises relevant to the companies.

Held by Ms Justice Laffoy, the other Justices concurring, that as the appeal against the appointment of the receiver had been dismissed, the Court would also dismiss the appeal against the consequential possession order. McCann v Halpin [2016] IESC 11 referred to.

Ms. Justice Laffoy

1 This appeal is against an order of the High Court (Peart J.), which as originally perfected on 23rd December, 2013, was erroneously dated 17th October, 2013. That error was corrected by order of the High Court dated 16th January, 2014 in which it was ordered that the date of the order be amended to 17th December, 2013 in lieu of 17th October, 2013. The amended order will be referred to hereafter as ?the Possession Order?.

2 The Possession Order was made in proceedings which had been initiated in the High Court by special summons (Record No. 2012/379SP), which issued on 13th July, 2012 and in which the plaintiff/respondent (the Receiver), in his capacity as receiver appointed by Irish Bank of Resolution Corporation Limited (IBRC) by deed of appointment dated 17th February, 2012, sought an order against the defendants/appellants (the Appellants) pursuant to Order 54, rule 3 of the Rules of the Superior Courts for possession of the lands and premises described in the first schedule thereto, being the premises known as and situate at Nos. 53 and 55 Park Avenue, Sandymount in the City of Dublin and which were otherwise described in the first schedule as the premises known as Aberdeen Lodge, 53/55 Park Avenue, Sandymount in the City of Dublin. Those premises had been mortgaged and charged by Elektron Holdings Limited to Irish Nationwide Building Society (now IBRC) pursuant to,inter alia, a Deed of Mortgage dated 9th October, 1998.

3 As the Possession Order discloses, the special summons...