The Square Management Ltd & Ors -v- Dunnes Stores Dublin Company [2017] IECA 256 (06 October 2017)

The Square Management Ltd & Ors -v- Dunnes Stores Dublin Company [2017] IECA 256 (06 October 2017)

Dunnes Stores does not have rights to restrain or veto the proposed development beyond those expressly provided in the E & G and F Leases. The 1991 Indenture is not effective to assign a bare licence independently of the interest, and the development does not constitute a derogation from grant. The revocation notice was not effective to revoke the licence, but this does not materially affect the outcome. Dunnes has no easement by prescription over the Northern Car Park Area.

Citation
[2017] IECA 256
Parties
Plaintiff / Respondent: The Square Management Ltd.; Plaintiff / Respondent: National Asset Property Management DAC; Plaintiff / Respondent: Indego Ltd.; Defendant / Appellant: Dunnes Stores Dublin Company
Jurisdiction
Ireland
Judgment Date
06 October 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed in substance; High Court orders largely affirmed.
Legal Topics
Leasehold Interests, Licences Coupled With Interest, Derogation From Grant, Contractual Interpretation, Revocation of Licence, Estoppel by Deed
Property Law Contract Law Leasehold Interests Licences Coupled With Interest Derogation From Grant Contractual Interpretation Revocation of Licence Estoppel by Deed

Case Brief

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Parties

The Square Management Ltd.

Plaintiff / Respondent

National Asset Property Management DAC

Plaintiff / Respondent

Indego Ltd.

Plaintiff / Respondent

Dunnes Stores Dublin Company

Defendant / Appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Dunnes Stores has rights to veto or restrain development of the Northern Car Park Area under leases or the 1991 Indenture
  2. 2 Whether the 1991 Indenture is null and void or effective to assign licences
  3. 3 Whether the proposed development constitutes a derogation from grant

Ratio Decidendi

Dunnes Stores does not have rights to restrain or veto the proposed development beyond those expressly provided in the E & G and F Leases. The 1991 Indenture is not effective to assign a bare licence independently of the interest, and the development does not constitute a derogation from grant. The revocation notice was not effective to revoke the licence, but this does not materially affect the outcome. Dunnes has no easement by prescription over the Northern Car Park Area.

Court Disposition

Appeal dismissed in substance; High Court orders largely affirmed.

Orders

  • Dunnes Stores has no right to use the lands outlined in green beyond rights expressly provided in the E & G Lease and F Lease.
  • The purported assignment of licences in the 1991 Indenture is null and void and of no effect.