Judgment: 2016-03-11 · Court archive

Supreme Court dismisses appeal over possession of Aberdeen Lodge

The court said its dismissal of a related appeal, which upheld the receiver’s appointment over Elektron Holdings Limited’s assets, meant the appeal against the possession order must also be dismissed.

Supreme Court ·

Who, what, where, when and why

Who
  • Paul McCann (Plaintiff)
  • Patrick Halpin
  • Ann Keane (Defendant)
  • Elektron Holdings Limited
  • Irish Bank of Resolution Corporation Limited (IBRC)
  • Laffoy J.
What

The court said its dismissal of a related appeal, which upheld the receiver’s appointment over Elektron Holdings Limited’s assets, meant the appeal against the possession order must also be dismissed.

Where

Places mentioned in the report

  • Nos. 53 and 55 Park Avenue
  • Sandymount
  • Dublin
When

Judgment:

Why

Reasons reported in the judgment

In a judgment delivered by Laffoy J. on 11 March 2016, the court said the dismissal followed from its decision that day to dismiss the appellants’ separate appeal in related proceedings under section 316 of the Companies Act 1963. In those proceedings, the court found that Paul McCann, the receiver, had been validly appointed over the assets of Elektron Holdings Limited.

The Supreme Court dismissed Patrick Halpin and Ann Keane’s appeal against a High Court possession order concerning Aberdeen Lodge, at Nos. 53 and 55 Park Avenue, Sandymount, Dublin.

In a judgment delivered by Laffoy J. on 11 March 2016, the court said the dismissal followed from its decision that day to dismiss the appellants’ separate appeal in related proceedings under section 316 of the Companies Act 1963. In those proceedings, the court found that Paul McCann, the receiver, had been validly appointed over the assets of Elektron Holdings Limited.

The possession proceedings began by special summons in July 2012. McCann, acting as receiver appointed by Irish Bank of Resolution Corporation Limited (IBRC), sought possession of the premises under Order 54, rule 3 of the Rules of the Superior Courts. The judgment records that Elektron Holdings Limited had mortgaged and charged the premises to Irish Nationwide Building Society, now IBRC, under a deed dated 9 October 1998.

The High Court had heard the possession case alongside the related section 316 proceedings. In its 8 November 2013 judgment in the latter, it held that the receiver had been validly appointed over Elektron Holdings Limited’s assets. The possession order was then made against Halpin and Keane and against Elektron, which had been joined as a defendant.

The order was originally perfected on 23 December 2013 but carried an incorrect date. A High Court order of 16 January 2014 corrected it to 17 December 2013. The Supreme Court’s decision dismissed the appeal against that possession order; the judgment does not describe a new possession hearing or set out further terms of the order.

Read the original court judgment

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