Courts / Limerick / Report
Injunction withdrawn in dispute over items including original copy of Amhran na bhFiann
Summary
Lorcan Bourke, a descendant of composer Peadar Kearney, withdrew his application for a High Court injunction against receiver Anne O'Dwyer of Duff Phelps Ireland Ltd. The injunction had been sought to restrain the receiver from selling items in Bourke's Bar, including a signed original copy of Amhrán na bhFiann. Bourke had argued that the receiver should not sell the chattels and that he needed to know the identity of the new owners, who had purchased the bar in December 2017. O'Dwyer had claimed that Bourke had no possession of the items and that the receiver had informed him that he could collect any items. The judge, Ms Justice Caroline Costello, accepted O'Dwyer's arguments and granted her costs for the injunction proceedings, while putting a stay on the costs order pending the outcome of the plenary hearing.
Who, what, where, when and why
What: Report matter: Injunction withdrawn in dispute over items including original copy of Amhran na bhFiann. Procedural stage: hearing_or_decision
When:
- December 2017 Other
- January 2017 Other
- 2018-06-06 Publication
Why: Counsel said it had been necessary to bring the injunction in order to find out the name of the new owners and said that communication to his client from the receiver had been poor. CNI source report
Case subjects
Applicant
Outcome: The judge, who put a stay on the costs order pending the outcome of the plenary action, urged both sides to consider resolving the dispute, adjourned the matter.
Applicant
Outcome: The judge, who put a stay on the costs order pending the outcome of the plenary action, urged both sides to consider resolving the dispute, adjourned the matter.
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