RGRE Grafton Ltd v Bewley's Café Grafton Street Ltd & anor (Unapproved) [2024] IECA 199 (31 July 2024)

RGRE Grafton Ltd v Bewley's Café Grafton Street Ltd & anor (Unapproved) [2024] IECA 199 (31 July 2024)

The Four Orders windows formed part of the external skin of the building, operated as windows, and are landlord's property; the Swan Yard windows were installed as tenant's fixtures, not essential to the building's fabric, and are owned by the tenant under Section 17 of Deasy's Act.

Citation
[2024] IECA 199
Parties
Plaintiff/appellant: RGRE Grafton Limited; Defendant/respondent: Bewley's Café Grafton Street Limited; Defendant/respondent: Bewley's Limited
Jurisdiction
Ireland
Judgment Date
31 July 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal and cross-appeal dismissed; High Court findings affirmed.
Legal Topics
Fixtures and Fittings, Ownership of Tenant's Fixtures, Interpretation of Lease, Section 17 Deasy's Act, Appellate Review of Findings of Fact
Property Law Landlord and Tenant Law Fixtures and Fittings Ownership of Tenant's Fixtures Interpretation of Lease Section 17 Deasy's Act Appellate Review of Findings of Fact

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Parties

RGRE Grafton Limited

Plaintiff/appellant

Bewley's Café Grafton Street Limited

Defendant/respondent

Bewley's Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Ownership of Harry Clarke stained glass windows in Bewley's Café
  2. 2 Classification of windows as landlord's property or tenant's fixtures
  3. 3 Application of Section 17 of Deasy's Act to tenant's fixtures

Ratio Decidendi

The Four Orders windows formed part of the external skin of the building, operated as windows, and are landlord's property; the Swan Yard windows were installed as tenant's fixtures, not essential to the building's fabric, and are owned by the tenant under Section 17 of Deasy's Act.

Court Disposition

Appeal and cross-appeal dismissed; High Court findings affirmed.

Orders

  • Appellant declared owner of Four Orders windows; transfer of those works from first respondent to second respondent set aside.
  • Second respondent declared owner of Swan Yard windows; transfer of ownership from first respondent to second respondent upheld.