Rayan Restaurant -v- Murphy & ors [2009] IESC 28 (27 March 2009)

Rayan Restaurant -v- Murphy & ors [2009] IESC 28 (27 March 2009)

The claims by the company and proprietors regarding re-entry and lease determination are barred by res judicata and issue estoppel, as these matters were already decided in the Circuit Court. The company's claim in detinue and conversion regarding the contents is also barred as it could and should have been raised previously. However, the proprietors, not being parties to the earlier proceedings in respect of the contents, are entitled to maintain a personal claim in detinue and conversion for the contents of the premises and apartment.

Citation
[2009] IESC 28
Parties
Plaintiff/appellant: Rayan Restaurant Limited; Plaintiff/appellant: Djamel Mennad; Plaintiff/appellant: Fatima Zohra-Azizi; Defendant/respondent: Catherine Murphy-Flynn; Defendant/respondent: Joseph Ralph Sweeney; Defendant/respondent: P. J. Dwyer
Jurisdiction
Ireland
Judgment Date
27 March 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome
Appeal dismissed in respect of re-entry and lease; appeal allowed in part for proprietors' claim regarding contents
Legal Topics
Lease Termination, Re Entry, Res Judicata, Issue Estoppel, Abuse of Process, Conversion, Detinue
Property Law Civil Procedure Lease Termination Re Entry Res Judicata Issue Estoppel Abuse of Process Conversion +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rayan Restaurant Limited

Plaintiff/appellant

Djamel Mennad

Plaintiff/appellant

Fatima Zohra-Azizi

Plaintiff/appellant

Catherine Murphy-Flynn

Defendant/respondent

Joseph Ralph Sweeney

Defendant/respondent

P. J. Dwyer

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether the claims regarding re-entry and lease determination are barred by res judicata and issue estoppel
  2. 2 Whether the company and proprietors can maintain claims in detinue and conversion regarding the contents of the premises

Ratio Decidendi

The claims by the company and proprietors regarding re-entry and lease determination are barred by res judicata and issue estoppel, as these matters were already decided in the Circuit Court. The company's claim in detinue and conversion regarding the contents is also barred as it could and should have been raised previously. However, the proprietors, not being parties to the earlier proceedings in respect of the contents, are entitled to maintain a personal claim in detinue and conversion for the contents of the premises and apartment.

Court Disposition

Appeal dismissed in respect of re-entry and lease; appeal allowed in part for proprietors' claim regarding contents

Orders

  • Affirmed High Court order dismissing claims of company and proprietors against Catherine Murphy-Flynn and striking out claims against executors regarding re-entry and lease determination
  • Struck out company's claim in detinue and conversion