Courts / Mayo / Report

Couple secure injunction preventing receiver's proposed sale of house

Date
2023-03-15
Stage
Hearing Or Decision
Primary locality
Swinford
County
Mayo

Summary

A businessman and his wife from Lisheenbrawn, Swinford, County Mayo, have obtained a temporary High Court injunction preventing a mortgage company and a receiver from selling their property. James Murphy and Caroline Hannon initiated High Court proceedings against receiver Hilary Larkin and Start Mortgages DAC, who sought to dispose of the house. The couple claim the receiver lacks valid authority to possess or sell the property they co-own. Mr Justice Brian O'Moore granted the interim injunction on an ex-parte basis on Wednesday, restraining the defendants from selling, transferring, or disposing of the property. The couple, represented by Darach MacNamara BL, acquired the property in 2002 and intend it eventually to serve as a home for their daughter, who has Down Syndrome, autism, and dyspraxia. Mr Murphy claims legal issues surround the receiver's appointment in October 2021 and questions whether those who appointed her held proper authority. The defendants allegedly declined to provide identifying details of the authorising officers. The case was adjourned to early the following week.

Who, what, where, when and why

What: Report matter: Couple secure injunction preventing receiver's proposed sale of house. Procedural stage: hearing_or_decision

When:

Case subjects

Caroline Hannon

Applicant

Outcome: The judge, after granting the injunction, adjourned the case to a date early next week.

James Murphy

Applicant

Outcome: The judge, after granting the injunction, adjourned the case to a date early next week.

Places mentioned

Court Venue
  • High Court
Residence
Secondary Mention

Topics

Stage Hearing Or Decision

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