Courts / Wexford / Report

Businessman gets temporary injunction stopping fund from auctioning house

Date
2024-02-27
Stage
Hearing Or Decision
Primary locality
Wexford
County
Wexford

Summary

Patrick Kinsella secured a temporary High Court injunction that stops Everyday Finance Designated Company and joint receivers Andrew Dolliver and Luke Charleton of EY from auctioning a house in Orristown, Killinick, Co Wexford. Kinsella, who co‑owns the property with his former wife and whose son lives there, argues the receivers were not validly appointed, lack a power of sale and have no right to possess the house. He maintains that their only lawful activity is collecting rent. Kinsella's case stems from a €270,000 loan taken in 2007, later transferred to a family business that failed, and subsequently acquired by Everyday in 2019. He claims Everyday unlawfully demanded full repayment of €213,000 in 2021, leading to the receivers' appointment in 2022. The court, deeming the auction urgent and "extraordinary" with tenants present, granted the injunction, and the matter will return next week.

Who, what, where, when and why

What: Report matter: Businessman gets temporary injunction stopping fund from auctioning house. Procedural stage: hearing_or_decision

When:

Case subjects

Patrick Kinsella

Applicant

Places mentioned

Court Venue
  • High Court
Secondary Mention

Topics

Stage Hearing Or Decision

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