Judgment: 2025-04-01 · Court archive

High Court awards Promontoria costs and appoints receiver over Glenair Manor open space

A further ruling in related Corcoran proceedings awarded costs to the Promontoria interests and appointed a receiver over a defined open-space area. The judge invited the parties to agree to a separate hearing on the return of two deposits.

High Court · [2025] IEHC 359

Who, what, where, when and why

Who
  • Katherine Corcoran (Defendant)
  • Brian O’Moore (Judge)
  • Gerard Murray
What

A further ruling in related Corcoran proceedings awarded costs to the Promontoria interests and appointed a receiver over a defined open-space area. The judge invited the parties to agree to a separate hearing on the return of two deposits.

Where

Places mentioned in the report

  • Glenair Manor
  • No. 6 Glenair Manor
  • Wicklow County Council
  • Wicklow
When

Judgment:

Other dates in the report
  • 17 April 2025

    The ruling did not decide whether the Corcorans are entitled to recover deposits paid under the land purchase and building contract, or whether interest is due. The judge said no claim for their return had been pleaded in these proceedings and noted that other proceedings seeking deposits had been issued. He invited the parties to agree that he could decide the deposit issues at a limited, focused hearing, subject to conditions on the evidence and legal submissions. He set 5pm on 17 April 2025 for the parties to respond. If they did not agree, he said he would issue a brief ruling on whether to hear the application.

  • 12 March 2025

    On the open-space motion, the judge appointed Murray receiver by way of equitable execution over lands identified as the area ringed in red and marked “A” on a map dated 12 March 2025. He directed that the order and map be served on Glenair Manor occupants and Wicklow County Council within four weeks of the order being perfected. Those notified are to have ten weeks from service to apply to have the order set aside or varied. An affidavit of service must be filed within five weeks of perfection.

Why

Reasons reported in the judgment

Mr Justice Brian O’Moore delivered the judgment on 1 April 2025, following an earlier substantive judgment and a later hearing on outstanding matters. He said the Promontoria interests had succeeded in the plenary proceedings and in opposing the Corcorans’ motion to appoint a receiver to No. 6 Glenair Manor. The judge rejected the Corcorans’ arguments that costs should not follow the outcome, including complaints about the other side’s conduct and the financial consequences they said they had suffered.

The High Court has ordered Joseph and Katherine Corcoran to pay the Promontoria interests’ costs of plenary proceedings and a motion concerning the appointment of a receiver to a house at Glenair Manor. In a separate ruling, it appointed Gerard Murray as receiver over a specified open-space area on the estate, subject to notice and an opportunity for affected parties to seek a change to the order.

Mr Justice Brian O’Moore delivered the judgment on 1 April 2025, following an earlier substantive judgment and a later hearing on outstanding matters. He said the Promontoria interests had succeeded in the plenary proceedings and in opposing the Corcorans’ motion to appoint a receiver to No. 6 Glenair Manor. The judge rejected the Corcorans’ arguments that costs should not follow the outcome, including complaints about the other side’s conduct and the financial consequences they said they had suffered.

The judge said those financial consequences flowed mainly from the Corcorans’ decision not to complete the purchase of No. 6 as required by an earlier order of Mr Justice Murphy. He also said the Corcorans’ allegations against individuals had been damaging and baseless. The costs order covers reserved costs and the costs of legal submissions.

The ruling did not decide whether the Corcorans are entitled to recover deposits paid under the land purchase and building contract, or whether interest is due. The judge said no claim for their return had been pleaded in these proceedings and noted that other proceedings seeking deposits had been issued. He invited the parties to agree that he could decide the deposit issues at a limited, focused hearing, subject to conditions on the evidence and legal submissions. He set 5pm on 17 April 2025 for the parties to respond. If they did not agree, he said he would issue a brief ruling on whether to hear the application.

On the open-space motion, the judge appointed Murray receiver by way of equitable execution over lands identified as the area ringed in red and marked “A” on a map dated 12 March 2025. He directed that the order and map be served on Glenair Manor occupants and Wicklow County Council within four weeks of the order being perfected. Those notified are to have ten weeks from service to apply to have the order set aside or varied. An affidavit of service must be filed within five weeks of perfection.

The order is also to record the evidence and materials considered in the plenary proceedings and motions, including oral evidence, documents and motion affidavits.

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