Cummins & Anor -v- South Dublin County Council [2007] IEHC 251 (18 July 2007)

Cummins & Anor -v- South Dublin County Council [2007] IEHC 251 (18 July 2007)

The defendant breached the contract by refusing to grant a renewable licence for the LUAS reservation as agreed. The plaintiffs are entitled to specific performance of the agreement, including the terms relating to the LUAS reservation, and damages for any resulting loss.

Source-derived case information.

Citation
[2007] IEHC 251
Parties
Plaintiff: James Cummins; Plaintiff: Michael Hayden; Defendant: South Dublin County Council
Jurisdiction
Ireland
Judgment Date
18 July 2007
Procedural Posture
Civil / Final Judgment
Outcome
Specific performance granted; damages to be assessed.
Legal Topics
Specific Performance, Breach of Contract, Estoppel, Legitimate Expectation, Lease and Licence Agreements, Statutory Approval for Land Disposal
Contract Law Property Law Local Government Law Specific Performance Breach of Contract Estoppel Legitimate Expectation Lease and Licence Agreements +1 more

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Summary, issues, holding and outcome

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Parties

James Cummins

Plaintiff

Michael Hayden

Plaintiff

South Dublin County Council

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant breached the agreement regarding the LUAS reservation by refusing to grant a renewable licence as agreed
  2. 2 Whether the plaintiffs are entitled to specific performance and damages for breach of contract
  3. 3 Whether statutory approval was required for the licence agreement

Ratio Decidendi

The defendant breached the contract by refusing to grant a renewable licence for the LUAS reservation as agreed. The plaintiffs are entitled to specific performance of the agreement, including the terms relating to the LUAS reservation, and damages for any resulting loss.

Court Disposition

Specific performance granted; damages to be assessed.

Orders

  • Order for specific performance in terms of paragraph (a) of the plaintiffs’ amended statement of claim.
  • Proceedings adjourned to enable completion of transaction and assessment of damages.