Prime GP2 Ltd v Technological University Dublin (Approved) [2021] IEHC 158 (05 March 2021)

Prime GP2 Ltd v Technological University Dublin (Approved) [2021] IEHC 158 (05 March 2021)

Prime was only partially successful, having succeeded in preventing TUD from acquiring plot C but failed regarding plot A and other issues. Costs are to be apportioned accordingly, with Prime awarded 70% of its costs in the High Court and 80% in the Circuit Court and before the County Registrar, and TUD awarded the balance, with set-off as per established case law. The purchase price for the fee simple is fixed at €8,150.

Citation
[2021] IEHC 158
Parties
Appellant/defendant: Prime GP2 Limited; Respondent/plaintiff: Technological University Dublin
Jurisdiction
Ireland
Judgment Date
05 March 2021
Procedural Posture
Appeal (costs Judgment) / Post Judgment (costs Determination)
Outcome
Costs apportioned: Prime awarded 70% of its costs in the High Court and 80% in the Circuit Court and before the County Registrar; TUD awarded the balance, with set-off. Fee simple awarded to TUD. Purchase price fixed.
Legal Topics
Costs, Ground Rents, Fee Simple Acquisition, Partial Success in Litigation
Property Law Landlord and Tenant Law Civil Procedure Costs Ground Rents Fee Simple Acquisition Partial Success in Litigation

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Parties

Prime GP2 Limited

Appellant/defendant

Technological University Dublin

Respondent/plaintiff

Procedural Posture

Appeal (costs Judgment) / Post Judgment (costs Determination)

Legal Issues

  1. 1 Entitlement to costs following partial success in appeal regarding acquisition of fee simple under Landlord and Tenant (Ground Rent) Acts
  2. 2 Allocation of costs where parties have mixed success on different issues

Ratio Decidendi

Prime was only partially successful, having succeeded in preventing TUD from acquiring plot C but failed regarding plot A and other issues. Costs are to be apportioned accordingly, with Prime awarded 70% of its costs in the High Court and 80% in the Circuit Court and before the County Registrar, and TUD awarded the balance, with set-off as per established case law. The purchase price for the fee simple is fixed at €8,150.

Court Disposition

Costs apportioned: Prime awarded 70% of its costs in the High Court and 80% in the Circuit Court and before the County Registrar; TUD awarded the balance, with set-off. Fee simple awarded to TUD. Purchase price fixed.

Orders

  • Award of fee simple and intermediate interests in the premises held under the 1952 lease to TUD
  • Purchase price for fee simple and intermediate interests fixed at €8,150