Kirby v Express Bus LTD (Approved) [2021] IEHC 680 (29 October 2021)

Kirby v Express Bus LTD (Approved) [2021] IEHC 680 (29 October 2021)

EBL is not in lawful occupation of Lot 2; the 2015 agreement created a valid option conditional on rent not being three months in arrears, but the option lapsed due to non-payment; EBL did not validly exercise the option; the question of disclaimer was not argued. The costs of the directions motion are to be costs in the winding up, with the applicant entitled to an order for costs against EBL. EBL's application for leave to issue proceedings for an equitable interest or lien is adjourned, as the claim could be dealt with in the liquidation, but EBL is not shut out from making the claim.

Citation
[2021] IEHC 680
Parties
Applicant (2019 No. 415 Cos), Respondent (2020 No. 228 Cos): Myles Kirby; Respondent (2019 No. 415 Cos), Applicant (2020 No. 228 Cos): Express Bus Limited (EBL)
Jurisdiction
Ireland
Judgment Date
29 October 2021
Procedural Posture
Company Liquidation Directions and Leave to Issue Proceedings / Post Judgment Supplemental Ruling on Directions, Costs, and Application for Leave to Issue Proceedings
Outcome
Order for costs on liquidator's application for directions; EBL's application for leave to issue proceedings adjourned.
Legal Topics
Liquidation Directions, Option to Purchase Property, Lawful Occupation, Costs in Liquidation, Leave to Issue Proceedings Against Company in Liquidation, Equitable Interest in Property
Company Law Insolvency Property Law Liquidation Directions Option to Purchase Property Lawful Occupation Costs in Liquidation Leave to Issue Proceedings Against Company in Liquidation +1 more

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Myles Kirby

Applicant (2019 No. 415 Cos), Respondent (2020 No. 228 Cos)

Express Bus Limited (EBL)

Respondent (2019 No. 415 Cos), Applicant (2020 No. 228 Cos)

Procedural Posture

Company Liquidation Directions and Leave to Issue Proceedings / Post Judgment Supplemental Ruling on Directions, Costs, and Application for Leave to Issue Proceedings

Legal Issues

  1. 1 Whether EBL is in lawful occupation of Lot 2 in Folio 51988F
  2. 2 Whether EBL holds a valid and subsisting option to purchase the property under the 2015 agreement
  3. 3 Whether EBL validly exercised the option under the 2015 agreement

Ratio Decidendi

EBL is not in lawful occupation of Lot 2; the 2015 agreement created a valid option conditional on rent not being three months in arrears, but the option lapsed due to non-payment; EBL did not validly exercise the option; the question of disclaimer was not argued. The costs of the directions motion are to be costs in the winding up, with the applicant entitled to an order for costs against EBL. EBL's application for leave to issue proceedings for an equitable interest or lien is adjourned, as the claim could be dealt with in the liquidation, but EBL is not shut out from making the claim.

Court Disposition

Order for costs on liquidator's application for directions; EBL's application for leave to issue proceedings adjourned.

Orders

  • Applicant's costs to be costs in the winding up; applicant entitled to order for costs of the motion against EBL, to be adjudicated in default of agreement.
  • EBL's application for leave to issue proceedings under s.678 adjourned for further consideration.