Mount Kennett Investment Company -v- O'Meara & Ors [2007] IEHC 420 (21 November 2007)

Mount Kennett Investment Company -v- O'Meara & Ors [2007] IEHC 420 (21 November 2007)

The defendants were in breach of contract for failing to complete the sale as they did not secure the necessary consent from the Commissioners, which was not a condition of the contract with the plaintiff. The defences of frustration and impossibility were rejected as the necessity for consent was known at the time of contracting and the defendants could have obtained consent by accepting a lower profit. The plaintiff is entitled to a decree of specific performance.

Citation
[2007] IEHC 420
Parties
Plaintiff: Mount Kennett Investment Company; Defendants: Patrick O’Meara & Others
Jurisdiction
Ireland
Judgment Date
21 November 2007
Procedural Posture
Purchaser’s Action (contract for Sale of Land) / High Court Judgment
Outcome
Decree of specific performance granted in favour of the plaintiff.
Legal Topics
Specific Performance, Sale of Land, Charitable Property, Breach of Contract, Frustration, Impossibility of Performance
Contract Law Property Law Equity Specific Performance Sale of Land Charitable Property Breach of Contract Frustration +1 more

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Parties

Mount Kennett Investment Company

Plaintiff

Patrick O’Meara & Others

Defendants

Procedural Posture

Purchaser’s Action (contract for Sale of Land) / High Court Judgment

Legal Issues

  1. 1 Whether the defendants were in breach of contract for failing to complete the sale of land to the plaintiff
  2. 2 Whether the contract was frustrated or impossible to perform due to lack of consent from the Commissioners of Charitable Donations & Bequests
  3. 3 Whether the plaintiff is entitled to specific performance

Ratio Decidendi

The defendants were in breach of contract for failing to complete the sale as they did not secure the necessary consent from the Commissioners, which was not a condition of the contract with the plaintiff. The defences of frustration and impossibility were rejected as the necessity for consent was known at the time of contracting and the defendants could have obtained consent by accepting a lower profit. The plaintiff is entitled to a decree of specific performance.

Court Disposition

Decree of specific performance granted in favour of the plaintiff.

Orders

  • Defendants to specifically perform the contract for sale of the property to the plaintiff.