By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Contract law, Property, Specific performance
Roche v. Leacy [2012] IEHC 96
(High Court, Laffoy J, 29 February 2012)
High Court grants order of specific performance of contract for sale of lands.
Contract law – specific performance – contract for sale – compromise of proceedings commenced by way of vendor and purchaser summons – lis pendens – failure to comply with completion notice – counterclaim for return of deposit – whether notice More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Company law, Enforcement of judgment, Private international law
In Re Mount Capital Fund Ltd [2012] IEHC 97
(High Court, Laffoy J, 5 March 2012)
High Court grants orders providing that the court recognised orders made by the courts of the British Virgin Islands in relation to the appointment of liquidators to companies.
Company law – liquidators appointed by orders of Eastern Caribbean Supreme Court – application to recover books and records of companies, and companies’ assets and property – recognition of liquidation orders – whether judgment in rem or in More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Contract law, Practice and procedure
Malone v. Allison [2012] IEHC 87
(High Court, Laffoy J, 27 February 2012)
High Court finds that plaintiff had no cause of action against defendant and grants declaration that proceedings were bound to fail.
Contract law – application to dismiss claim for failure to disclose cause of action – claim alleging illegality of contract – whether contract void – whether interest rate excessive – misrepresentation – settlement of earlier proceedings – prior undertaking by defendant to hold More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Costs, Probate law
Cawley v. Lillis [2012] IEHC 70
(High Court, Laffoy J, 21 February 2012)
High Court awards plaintiffs’ costs to be paid out of funds held jointly with defendant following sale of assets held with his deceased wife, and makes no order in relation to defendant’s costs.
Costs of proceedings – settlement following earlier judgment – joint funds arising from realisation of joint assets – action commenced by special summons concerning estate of deceased – relevance of case law concerning probate actions – contest between estate and third party concerning ownership of More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Arbitration, Company law, Security for costs
ABM Construction v. Habbingley Ltd [2012] IEHC 61
(High Court, Laffoy J, 15 February 2012)
High Court dismisses an application, made by a respondent to an arbitration, for security for costs to be ordered against an unlimited company.
Arbitration – security for costs – s 22, Arbitration Act 1954 – whether court had jurisdiction to order security for costs against claimant – claimant having been converted from limited to unlimited company – arbitration arising from construction dispute – s.390, Companies Act 1963 – Order 29, Rules More
By Mark Tottenham BL in Laffoy J No Comments Tags: Company law, Landlord and Tenant law, Mortgages
In Re Ravenshaw Ltd [2012] IEHC 37
(High Court, Laffoy J, 27 January 2012)
High Court determines that receiver of company was entitled to possession of hotel premises owned by subsidiary of company, and leased to company itself.
Receivership – directions from court – whether receiver entitled to enter onto hotel premises – s 60, Companies Act 1963 – whether company entitled to possession of hotel – lease of four years and nine months executed – hotel owned by company More
By Mark Tottenham BL in Laffoy J No Comments Tags: Company law, Costs
In Re Skyway Tours Ltd; Doyle v. Bergin (No 2) [2011] IEHC 518
(High Court, Laffoy J, 20 December 2011)
High Court awards costs of s 205 petition to petitioner, except costs of valuation evidence, and awards costs of valuation evidence to respondent by way of offset, after Calderbank letter opened to court. (Full text.)
Company law – costs – oppression of minority shareholder – s 205, Companies Act 1963 – whether respondent entitled to costs – where petitioner had not succeeded on all issues – whether petitioner had unnecessarily elongated More
By Mark Tottenham BL in Laffoy J No Comments Tags: Co-ownership of land, Law of trusts, Partition of land, Probate law
Cawley v. Lillis [2011] IEHC 515
(High Court, Laffoy J, 6 December 2011)
High Court determines that joint tenancy accrued to husband guilty of wife’s manslaughter but that half of property was held as constructive trust for wife’s estate. (Full text.)
Property law – trust – probate – joint tenancy – will executed in 1993 naming husband as executor – conviction of defendant of husband of testatrix – s 120, Succession Act 1965 – preclusion of husband from taking any share in More
By Mark Tottenham BL in Laffoy J No Comments Tags: Company law
In Re Skytours Travel Ltd; Doyle v. Bergin [2011] IEHC 517
(High Court, Laffoy J, 29 July 2011)
High Court grants declaration that company’s affairs conducted in manner oppressive to petitioner and directs that respondent purchase his shares for €58,769.74. (Full text.)
Company law – s 205, Companies Act 1963 – oppression of shareholder – application for order that respondent purchase petitioners shares – operation of secret bank account – failure to disclose to petitioner settlement with Revenue More
By Mark Tottenham BL in Laffoy J 5 Comments Tags: Partnership, Solicitors
Haughey v. Synnott [2011] IEHC 467
(High Court, Laffoy J, 12 December 2011)
High Court dismisses as misconceived an interlocutory application to appoint a receiver to a solicitors’ partnership. (Full text.)
Interlocutory application for appointment of receiver to partnership – solicitors’ partnership – notice of dissolution by one partner – claim for declaration that partnership lawfully dissolved – interim injunction granted for return of files More