Moylist Construction Limited acted as the contractor in a building contract involving the construction of 18 holiday homes in Ballybunion, County Kerry. Funding for the purchase of the lands on which the development was to take place and the construction of the holiday homes was provided by Ulster Bank. In 2007, Moylist Construction Limited suspended work on the development and in 2008 issued a summary summons against Mr O’Carroll (the fourth respondent) for payment of monies owed for work done and services rendered. In 2009, Ulster Bank demanded repayment of the monies secured by a mortgage over the relevant properties and then appointed the first respondent as receiver under its powers arising from the mortgage. The receiver took possession of the development. Moylist Construction Limited then commenced proceedings in which it claimed that the receiver and Ulster Bank had wrongfully dispossessed Moylist Construction Limited of its entitlement to occupy the development on foot of the building contract entered into between Mr O’Carroll and Moylist Construction Limited. Moylist Construction Limited sought an interlocutory injunction to restrain any interference with its occupation of the lands. The first, second and third respondents brought applications seeking to have the proceedings dismissed as being bound to fail. In the High Court, Laffoy J declined to grant the injunction sought, and acceded to the application to dismiss the proceedings as being bound to fail. Moylist Construction Limited appealed the dismissal of the proceedings against the receiver and Ulster Bank.
