The High Court reserved the costs of an unsuccessful interlocutory injunction application in a commercial case involving mortgages and charges over a portfolio of properties. It also gave the plaintiffs leave to amend their pleadings and listed the case for further directions.
In a ruling dated 28 July 2020, following a judgment delivered on 19 June, Quinn J said the plaintiffs had not established a fair bona fide question to be tried about the existence of an amended settlement agreement on which they relied. The court had refused their application to restrain the appointment of receivers and to require the defendant to remove receivers already appointed.
The 28 July ruling concerned costs and directions after that interlocutory decision. The plaintiffs asked the court to reserve the costs for the trial judge, arguing that the injunction decision turned on the merits of the action. The defendant made no application for the costs of the interlocutory application. The judge concluded that deciding costs at this stage could risk injustice and reserved them.
The plaintiffs had also sought leave to amend the plenary summons and statement of claim to reflect the appointment of a receiver. The defendant did not object. The court granted leave to deliver amended pleadings in the form exhibited with the application.
The court ordered that the plaintiffs have three days from perfection of the order to file and serve the amended pleadings. The defendant was allowed two weeks from their delivery to file an amended defence. The case was listed for further directions in the Commercial list on 12 October 2020.