Dublin Port Co. v. Bond Road Container Storage and Transport Ltd. [2002] IESC 78 (20 December 2002)

Dublin Port Co. v. Bond Road Container Storage and Transport Ltd. [2002] IESC 78 (20 December 2002)

There is no Irish authority or binding precedent restricting discovery in actions for forfeiture of a lease, and the modern Irish law of discovery does not permit such a restriction. The English rule is obsolete and inconsistent with the purpose of discovery in Irish law.

Citation
[2002] IESC 78
Parties
Plaintiff/respondent: Dublin Port Company; Defendant/appellant: Bond Road Container Storage and Transport Limited
Jurisdiction
Ireland
Judgment Date
20 December 2002
Procedural Posture
Civil Appeal / Appeal From High Court to Supreme Court
Outcome
appeal dismissed
Legal Topics
Discovery, Forfeiture of Lease, Ejectment, Relief Against Forfeiture
Civil Procedure Property Law Discovery Forfeiture of Lease Ejectment Relief Against Forfeiture

Case Brief

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Parties

Dublin Port Company

Plaintiff/respondent

Bond Road Container Storage and Transport Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether a lessor seeking forfeiture of a lease can obtain discovery against the lessee to prove breach of covenants justifying forfeiture.

Ratio Decidendi

There is no Irish authority or binding precedent restricting discovery in actions for forfeiture of a lease, and the modern Irish law of discovery does not permit such a restriction. The English rule is obsolete and inconsistent with the purpose of discovery in Irish law.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed.