Claystone Ltd. & Ors v. Larkin & Ors [2007] IEHC 89 (14 March 2007)

Claystone Ltd. & Ors v. Larkin & Ors [2007] IEHC 89 (14 March 2007)

The defendants have not established that the plaintiffs' claim discloses no reasonable cause of action or is frivolous/vexatious, nor that the claim must fail for want of an enforceable agreement or for non-compliance with the Statute of Frauds. There is a fair bona fide question to be tried, damages would not be an adequate remedy for the plaintiffs, and the balance of convenience favours granting an interlocutory injunction to preserve the status quo.

Citation
[2007] IEHC 89
Parties
Plaintiff: Claystone Limited; Plaintiff: Oliver Barry; Plaintiff: Noeleen Barry; Defendant: Eugene Larkin; Defendant: Twinlite Developments Limited; Defendant: Dalus Developments Limited
Jurisdiction
Ireland
Judgment Date
14 March 2007
Procedural Posture
Plenary Proceedings (specific Performance, Injunction) / Interlocutory Applications (injunction and Strike Out)
Outcome
Defendants' application to strike out dismissed; plaintiffs' application for interlocutory injunction granted.
Legal Topics
Specific Performance, Interlocutory Injunctions, Statute of Frauds, Part Performance, Building Contracts, Variation of Contract, Striking Out Pleadings
Contract Law Equity Property Law Civil Procedure Specific Performance Interlocutory Injunctions Statute of Frauds Part Performance +3 more

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Parties

Claystone Limited

Plaintiff

Oliver Barry

Plaintiff

Noeleen Barry

Plaintiff

Eugene Larkin

Defendant

Twinlite Developments Limited

Defendant

Dalus Developments Limited

Defendant

Procedural Posture

Plenary Proceedings (specific Performance, Injunction) / Interlocutory Applications (injunction and Strike Out)

Legal Issues

  1. 1 Whether the plaintiffs are entitled to an interlocutory injunction restraining the defendants from constructing a house other than in accordance with the 2006 planning permission.
  2. 2 Whether the defendants are entitled to have the proceedings struck out for disclosing no reasonable cause of action or as frivolous/vexatious.
  3. 3 Whether there was a concluded and enforceable agreement to construct a larger house as alleged by the plaintiffs.

Ratio Decidendi

The defendants have not established that the plaintiffs' claim discloses no reasonable cause of action or is frivolous/vexatious, nor that the claim must fail for want of an enforceable agreement or for non-compliance with the Statute of Frauds. There is a fair bona fide question to be tried, damages would not be an adequate remedy for the plaintiffs, and the balance of convenience favours granting an interlocutory injunction to preserve the status quo.

Court Disposition

Defendants' application to strike out dismissed; plaintiffs' application for interlocutory injunction granted.

Orders

  • Defendants' motion to strike out dismissed.
  • Interlocutory injunction granted restraining defendants from erecting any building or structure on the site other than a detached dwelling house constructed in accordance with the 2006 planning permission, pending further order, subject to plaintiffs' undertaking as to damages.