Courts / Dublin / Report
Doctor seeks injunction against receiver taking possession of Hermitage clinic suite
Summary
Dr Edwin Fitzgibbon, also known as Joe Fitzgibbon, has launched High Court proceedings seeking an injunction to prevent a receiver from repossessing a medical suite at the Hermitage Clinic in Lucan, Dublin 20. The applicant, represented by Miriam Reilly SC and Conor Duff BL, alleges that receiver James Anderson and Everyday Finance intend to take possession on April 27 over a dispute regarding the repayment of loans. Dr Fitzgibbon claims the threatened repossession is heavy-handed and disproportionate, noting the suite is also used by two other practitioners. The dispute stems from loan facilities of just over €1m taken out with AIB in 2013. The applicant asserts he entered a settlement agreement in 2017 to sell the suite by June 2022 and has complied with its terms, despite the loan being sold to Everyday Finance DAC. He rejects claims of non-compliance, attributing delays to the actions of Everyday's agents, and has lodged an outstanding complaint with the Financial Services and Pensions Ombudsman. Dr Fitzgibbon states he was informed last month that the settlement agreement was formally withdrawn and that the receiver, appointed in late 2023, planned to take possession. Before Mr Justice David Nolan, the court granted the applicant permission on an ex-parte basis to serve short notice of his injunction application on the defendants. The matter was adjourned and will return before the court next week.
Who, what, where, when and why
What: Report matter: Doctor seeks injunction against receiver taking possession of Hermitage clinic suite. Procedural stage: hearing_or_decision
When:
- Saturday April 27 Hearing Or Sentence
- June 2022 Other
- 2024-04-25 Publication
Case subjects
Applicant
Applicant
Applicant
Applicant
Places mentioned
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