The High Court has refused an application by Jerry Beades to regain possession of a commercial property at IDA Business Park, Clonshaugh, from a receiver appointed by Everyday Finance DAC.
Beades claimed he had occupied Sanmore House since October 2023 under an agreement with Brian Reilly, acting for the Fonthill Partnership, paying €2,000 a month after carrying out repairs. He argued that the arrangement amounted to an assignment of an earlier 20-year lease and entitled him to continue using the premises for his business.
Everyday is the registered holder of a 2005 mortgage over the property. It appointed James Anderson as receiver in April 2024. After separate possession proceedings involving Fonthill and Ben Gilroy, the High Court in March 2025 made orders allowing the receiver to take possession and restraining interference with the property.
Mr Justice Kennedy held that Beades had not established even the lower threshold of a fair issue to be tried, much less the stronger case required for a mandatory interlocutory injunction.
The judge found the claimed assignment legally untenable. The 2003 sublease had been held by a company dissolved in 2012, while Beades’ 2023 agreement was made with Reilly rather than that former tenant. At best, the document could amount to a new lease. Under the mortgage, however, any new letting required the mortgagee’s prior written consent, and there was no evidence that Everyday had consented.
As against Everyday and the receiver, Beades therefore had no established lawful right to occupy the premises.
The court also found that the balance of justice strongly favoured the mortgagee. The property was commercial, damages would adequately compensate Beades if he later succeeded, and the injunction would obstruct an existing receivership and undermine possession orders already made by the High Court.
The application was dismissed. Kennedy J. nevertheless criticised the receiver’s original short deadline for removal of Beades’ goods and said a further month for controlled access to remove materials would be reasonable.