Receiver Not Liable For Exemplary Damages

The Court of Appeal, in a judgment delivered on 7 December 2023, has overturned a decision of the High Court awarding €550,000 in exemplary damages against a receiver on the basis of the High Court's finding that the receiver had taken possession of, and sold, certain properties without obtaining a court order.

The Court of Appeal disagreed with the conclusion of Mr Justice Barr in the High Court that section 98 of the Land and Conveyancing Law Reform Act 2009 (the "2009 Act") required the receiver to obtain a court order before taking possession of the relevant properties, as that section applies to a mortgagee taking possession only.

The receiver did not dispute the finding of the High Court that he was required under section 100 of the 2009 Act to obtain a court order in order to sell the relevant properties.