receiver by way of equitable execution Archives - FitzGerald Legal & Advisory LLP, Cork.

13 May '19
Supreme Court decision provides clarity on appointment of Receiver by way of equitable execution
Posted in
- Banking,
- Breda Sheahan,
- Commercial Law,
- Court,
- Debt,
- FitzGerald Legal & Advisory,
- Litigation,
- Personal Debt,
- Personal Liability,
- Receivership,
- Solicitor,
- Supreme Court
On 9 May 2019 a five Judge Supreme Court handed down a judgment in the case of ACC Loan Management Limited DAC -v- Mark Rickard and Gerard Rickard [2017/146]. The Supreme Court had to make a decision on an appeal from a decision of the Court of Appeal by Mark Rickard. The background to the […]

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26 Apr '13
Not so easy to appoint a receiver by way of equitable execution!
Posted in
- Business,
- Company Law,
- Property
Waterside Management Company v Brendan Kelly and Asta Kelly. This recent interesting case before the President of the High Court, Nicholas Kearns, found that where a judgment debtor does not hold an equitable interest in a property a receiver by way of equitable execution cannot be appointed. Background: The Plaintiff is the Management Company of […]

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