Oysters Shuckers LTD T/A Klaw -v- Architecture Manufacture Support (EU) LTD & Anor (Approved) [2020] IEHC 527 (23 October 2020)

Oysters Shuckers LTD T/A Klaw -v- Architecture Manufacture Support (EU) LTD & Anor (Approved) [2020] IEHC 527 (23 October 2020)

The plaintiff has established a fair question to be tried regarding the validity of the disputed lease, but its failure to pay rent and inability to discharge arrears weigh heavily against granting interlocutory relief. There is no legal basis for rent suspension or frustration due to the pandemic, and the plaintiff's undertaking as to damages lacks substance. The balance of justice requires refusal of the application.

Citation
[2020] IEHC 527
Parties
Plaintiff: Klaw Restaurant Limited; First Defendant: Tan Holdings Limited; Second Defendant: Mr. Tan
Jurisdiction
Ireland
Judgment Date
23 October 2020
Procedural Posture
Interlocutory Injunction Application / Post Interim Injunction, Pre Trial
Outcome
Application for interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Lease Validity, Rent Arrears, Balance of Convenience, Non Disclosure, Relief Against Forfeiture, Frustration, Rent Suspension Clauses
Property Law Landlord and Tenant Law Contract Law Interlocutory Injunctions Lease Validity Rent Arrears Balance of Convenience Non Disclosure +3 more

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Parties

Klaw Restaurant Limited

Plaintiff

Tan Holdings Limited

First Defendant

Mr. Tan

Second Defendant

Procedural Posture

Interlocutory Injunction Application / Post Interim Injunction, Pre Trial

Legal Issues

  1. 1 Whether the plaintiff is entitled to interlocutory injunctive relief restraining the first defendant from recovering possession of the premises
  2. 2 Whether the disputed lease of 19th November 2018 is valid, binding, and effective
  3. 3 Whether arrears of rent and non-payment preclude injunctive relief

Ratio Decidendi

The plaintiff has established a fair question to be tried regarding the validity of the disputed lease, but its failure to pay rent and inability to discharge arrears weigh heavily against granting interlocutory relief. There is no legal basis for rent suspension or frustration due to the pandemic, and the plaintiff's undertaking as to damages lacks substance. The balance of justice requires refusal of the application.

Court Disposition

Application for interlocutory injunction refused

Orders

  • No order made in terms sought by the plaintiff
  • Parties invited to deliver written submissions on costs and expedited pleadings within 14 days