Verbenagrove Ltd v Evans & Anor (Approved) [2025] IEHC 151 (14 March 2025)

Verbenagrove Ltd v Evans & Anor (Approved) [2025] IEHC 151 (14 March 2025)

The Landlords failed to discharge the burden of proof that the balance of justice favours granting a stay. The arguable grounds for appeal are weak, and any prejudice to the Landlords from proceeding can be compensated by costs. The Tenant's entitlement to a new lease and ability to resume business would be further delayed by a stay, causing greater prejudice.

Citation
[2025] IEHC 151
Parties
Plaintiff / Respondent: Verbenagrove Limited; Defendant / Appellant: Simon Evans; Defendant / Appellant: Maureen Griffin
Jurisdiction
Ireland
Judgment Date
14 March 2025
Procedural Posture
Application for Stay Pending Appeal in Landlord and Tenant Dispute / High Court Ruling on Stay Application
Outcome
Stay application refused
Legal Topics
Landlord and Tenant, Forfeiture of Lease, Stay of Proceedings, Appeal Process
Property Law Civil Procedure Landlord and Tenant Forfeiture of Lease Stay of Proceedings Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Verbenagrove Limited

Plaintiff / Respondent

Simon Evans

Defendant / Appellant

Maureen Griffin

Defendant / Appellant

Procedural Posture

Application for Stay Pending Appeal in Landlord and Tenant Dispute / High Court Ruling on Stay Application

Legal Issues

  1. 1 Whether a stay should be granted pending appeal of Circuit Court judgment on lease forfeiture
  2. 2 Whether the appeal has arguable grounds
  3. 3 Whether the balance of justice favours granting a stay

Ratio Decidendi

The Landlords failed to discharge the burden of proof that the balance of justice favours granting a stay. The arguable grounds for appeal are weak, and any prejudice to the Landlords from proceeding can be compensated by costs. The Tenant's entitlement to a new lease and ability to resume business would be further delayed by a stay, causing greater prejudice.

Court Disposition

Stay application refused

Orders

  • The stay application is refused.
  • Tenant provisionally entitled to costs of the stay application, subject to further argument.