Courts / Cork / Report
Professional landlords have appeal dismissed
Summary
The Court of Appeal has dismissed appeals by professional landlords Paddy McKeown and Adelaide McCarthy against High Court orders restraining them from interfering with four properties in Cork. The couple, who reside at Villa Nova, Douglas Road, challenged injunctions secured in 2017 by receiver Ned Murphy, appointed by AIB after the defendants allegedly defaulted on loan agreements. AIB claims to have obtained judgments exceeding €1.4m against the couple. The High Court, presided over by Mr Justice Paul Gilligan, had previously granted the receiver's orders and dismissed the couple's cross-applications to restrain the disposal of the properties. In a detailed written judgment, the three-judge panel, led by Mr Justice Brian Murray, upheld the High Court's decision. Mr Justice Murray stated that the defendants failed to establish any basis for concluding the High Court erred. He rejected allegations that the High Court judge was biased or unfair, describing the proceedings as scrupulously fair. The court also dismissed the argument that the receiver used an alias, deeming it utterly without merit. The only remotely arguable ground regarding the validity of the receiver's appointment was noted for consideration at the full trial of the action. The appeal was formally dismissed, leaving the original restraining orders in place.
Who, what, where, when and why
What: Report matter: Professional landlords have appeal dismissed. Procedural stage: appeal
When:
- May 2017 Hearing Or Sentence
- 2020-03-26 Publication
Case subjects
Applicant
Places mentioned
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