Helsingor Ltd -v- Walsh & Anor [2012] IEHC 187 (02 February 2012)

Helsingor Ltd -v- Walsh & Anor [2012] IEHC 187 (02 February 2012)

The plaintiff is entitled to judgment for arrears of rent calculated at 2% above Euribor on the building cost (excluding VAT), less payments made, and for the agreed cost of extras, as the defendants admitted the extras in their Defence and their solicitor confirmed the invoice. The rent calculation must exclude VAT, and the interest margin is set at 2% above Euribor as reasonable. Defendants' arguments about unjust enrichment and pyrite are not relevant to this debt claim and were not properly pleaded.

Citation
[2012] IEHC 187
Parties
Plaintiff: Helsingor Limited; Defendant: Thomas Walsh; Defendant: Mary Walsh
Jurisdiction
Ireland
Judgment Date
02 February 2012
Procedural Posture
Commercial Debt Recovery / Judgment After Plenary Hearing
Outcome
judgment for the plaintiff
Legal Topics
Arrears of Rent, Extras to Building Contract, Reasonableness of Interest Rate, VAT in Rent Calculation, Agreement for Lease, Summary Judgment, Plenary Hearing
Contract Law Commercial Law Landlord and Tenant Arrears of Rent Extras to Building Contract Reasonableness of Interest Rate VAT in Rent Calculation Agreement for Lease +2 more

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Parties

Helsingor Limited

Plaintiff

Thomas Walsh

Defendant

Mary Walsh

Defendant

Procedural Posture

Commercial Debt Recovery / Judgment After Plenary Hearing

Legal Issues

  1. 1 Whether the rent charged was reasonable and in accordance with the agreement for lease
  2. 2 Whether the defendants are liable for the cost of extras as claimed by the plaintiff
  3. 3 Whether VAT should be included in the rent calculation

Ratio Decidendi

The plaintiff is entitled to judgment for arrears of rent calculated at 2% above Euribor on the building cost (excluding VAT), less payments made, and for the agreed cost of extras, as the defendants admitted the extras in their Defence and their solicitor confirmed the invoice. The rent calculation must exclude VAT, and the interest margin is set at 2% above Euribor as reasonable. Defendants' arguments about unjust enrichment and pyrite are not relevant to this debt claim and were not properly pleaded.

Court Disposition

judgment for the plaintiff

Orders

  • Judgment for the plaintiff in the amount of €835,000 plus VAT (€947,725) for extras
  • Judgment for the plaintiff for arrears of rent to April 2011 in the sum of €275,864