Deignan & Ors v. Emmett & Ors [2004] IEHC 321 (15 October 2004)

Deignan & Ors v. Emmett & Ors [2004] IEHC 321 (15 October 2004)

The Pitch and Putt section is not a 'sports club' within the meaning of s.2 of the Landlord and Tenant (Amendment) Act, 1971 because it is not autonomous, does not hold land from the GAA Club, and has not spent qualifying sums on development or improvement. It is subject to the GAA Club's constitution and executive committee. The plaintiffs are entitled to injunctions and a declaration as sought.

Citation
[2004] IEHC 321
Parties
Plaintiffs: Simon Deignan, Desmond Butler, Eamon Ó Tomain, Liam Ó Maolbhichil, Micheál Ó Dubhlaine and Sean Mac Coisdealbha; Defendants: Thomas Emmett, James Donoghue and James Nolan
Jurisdiction
Ireland
Judgment Date
15 October 2004
Procedural Posture
Plenary Summons / High Court Judgment
Outcome
Plaintiffs succeed. Declaration granted that the Pitch and Putt section is not a sports club within the meaning of the Act. Injunctions granted as per the plenary summons. Liberty to apply for further directions regarding accounts and enquiries.
Legal Topics
Sporting Lease, Club Autonomy, Land Occupation, Injunctions, Interpretation of Landlord and Tenant (amendment) Act 1971
Property Law Landlord and Tenant Law Club Law Sporting Lease Club Autonomy Land Occupation Injunctions Interpretation of Landlord and Tenant (amendment) Act 1971

Case Brief

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Parties

Simon Deignan, Desmond Butler, Eamon Ó Tomain, Liam Ó Maolbhichil, Micheál Ó Dubhlaine and Sean Mac Coisdealbha

Plaintiffs

Thomas Emmett, James Donoghue and James Nolan

Defendants

Procedural Posture

Plenary Summons / High Court Judgment

Legal Issues

  1. 1 Whether the Pitch and Putt section is a 'sports club' entitled to a sporting lease under s.2 of the Landlord and Tenant (Amendment) Act, 1971
  2. 2 Whether the Pitch and Putt section is autonomous or subject to the GAA Club's control
  3. 3 Entitlement to injunctions and return of property

Ratio Decidendi

The Pitch and Putt section is not a 'sports club' within the meaning of s.2 of the Landlord and Tenant (Amendment) Act, 1971 because it is not autonomous, does not hold land from the GAA Club, and has not spent qualifying sums on development or improvement. It is subject to the GAA Club's constitution and executive committee. The plaintiffs are entitled to injunctions and a declaration as sought.

Court Disposition

Plaintiffs succeed. Declaration granted that the Pitch and Putt section is not a sports club within the meaning of the Act. Injunctions granted as per the plenary summons. Liberty to apply for further directions regarding accounts and enquiries.

Orders

  • Declaration that the Pitch and Putt Section is not a sports club within the meaning of s.2 of the Landlord and Tenant (Amendment) Act, 1971
  • Injunctions restraining trespass and unauthorised activity by defendants