Courts / Dublin / Report

Victory church trustees fail in bid to have receivership overturned

Summary

The Court of Appeal dismissed an appeal by the trustees of Victory Christian Fellowship (VCF) against a High Court ruling that Bank of Scotland (BOS) could appoint joint receivers over three of VCF's Dublin properties. The High Court had found BOS entitled to a judgment of €18.76 million against the trustees and to permanent injunctions preventing the trustees from obstructing the receivers. The trustees argued the receivers' appointment in May 2013 was invalid because BOS had received unauthorised confidential information about VCF's charitable status being withdrawn. They claimed a debt‑reduction plan had been agreed in March 2013, which would have avoided receivership. The Court of Appeal, however, upheld BOS's contractual right to appoint receivers, noting that the disclosure of the confidential information did not prove it caused the decision. The trustees accepted the debt but did not appeal the €18.76 million judgment. The appeal was dismissed by Justices Peart, Hogan and Mahon.

Who, what, where, when and why

What: Report matter: Victory church trustees fail in bid to have receivership overturned. Procedural stage: appeal

When:

• May 2013 Incident
• December 2013 Hearing Or Sentence
• March 2013 Incident
• 2015-06-10 Publication

Why: The three judge court on Wednesday rejected arguments by the VCF's trustees Brendan Hade, the church's senior pastor, his wife Shelia Hade, of Fountain Head, Rockbrook, Rathfarnham Dublin, and Gerry Byrne of Woodstown, Knocklyon, Dublin that the appointment of receivers in May 2013 was invalid because the decision to appoint receivers was precipitated after it obtained unauthorised confidential material about the VCF. CNI source report

Places mentioned

Topics

Stage Appeal

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report