Murphy & Anor -v- Ryan & Ors [2009] IEHC 305 (24 June 2009)

Murphy & Anor -v- Ryan & Ors [2009] IEHC 305 (24 June 2009)

The completion notice was validly served as the closing date was specified as 25th July 2008 and special conditions modified payment terms without altering the closing date. The defendants unconditionally committed to the contract and cannot rely on their own lack of finance or alleged frustration to avoid performance. Specific performance is appropriate as there is no evidence of unconscionable or unfair conduct by the plaintiffs.

Citation
[2009] IEHC 305
Parties
Plaintiff: Adrian Murphy; Plaintiff: Seán Mackin; Defendant: Tom Ryan; Defendant: Gerard McGreevy; Defendant: McGreevy Enterprises Limited
Jurisdiction
Ireland
Judgment Date
24 June 2009
Procedural Posture
Commercial Contract Dispute / Final Judgment
Outcome
specific performance granted
Legal Topics
Specific Performance, Completion Notice, Interpretation of Contract, Guarantee, Frustration
Contract Law Equity Specific Performance Completion Notice Interpretation of Contract Guarantee Frustration

Case Brief

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Parties

Adrian Murphy

Plaintiff

Seán Mackin

Plaintiff

Tom Ryan

Defendant

Gerard McGreevy

Defendant

McGreevy Enterprises Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment

Legal Issues

  1. 1 Validity of completion notice
  2. 2 Entitlement to specific performance
  3. 3 Interpretation of contract terms

Ratio Decidendi

The completion notice was validly served as the closing date was specified as 25th July 2008 and special conditions modified payment terms without altering the closing date. The defendants unconditionally committed to the contract and cannot rely on their own lack of finance or alleged frustration to avoid performance. Specific performance is appropriate as there is no evidence of unconscionable or unfair conduct by the plaintiffs.

Court Disposition

specific performance granted

Orders

  • Specific performance of the contract directed against first and second defendants within 21 days.
  • Liberty to apply granted.