Hafeez v CPM Consulting Ltd (Approved) [2020] IEHC 536 (28 October 2020)

Hafeez v CPM Consulting Ltd (Approved) [2020] IEHC 536 (28 October 2020)

Applicant failed to establish a strong arguable case that forfeiture was invalid, waived, or that he is entitled to relief. Balance of convenience and adequacy of damages do not favour granting interlocutory injunctions.

Citation
[2020] IEHC 536
Parties
Applicant: Mr Hafeez; Respondent: CPM
Jurisdiction
Ireland
Judgment Date
28 October 2020
Procedural Posture
Interlocutory Injunction Application / Ruling on Application
Outcome
interlocutory injunction application refused
Legal Topics
Relief Against Forfeiture, Waiver of Forfeiture, Adequacy of Damages, Balance of Convenience, Commercial Lease, COVID 19 Impact
Landlord and Tenant Equity Commercial Law Relief Against Forfeiture Waiver of Forfeiture Adequacy of Damages Balance of Convenience Commercial Lease +1 more

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Parties

Mr Hafeez

Applicant

CPM

Respondent

Procedural Posture

Interlocutory Injunction Application / Ruling on Application

Legal Issues

  1. 1 Whether forfeiture of lease was invalid
  2. 2 Whether forfeiture was waived
  3. 3 Whether applicant is entitled to equitable relief against forfeiture

Ratio Decidendi

Applicant failed to establish a strong arguable case that forfeiture was invalid, waived, or that he is entitled to relief. Balance of convenience and adequacy of damages do not favour granting interlocutory injunctions.

Court Disposition

interlocutory injunction application refused

Orders

  • Injunctions sought at paragraphs 1 to 5 of notice of motion refused.
  • Relief against forfeiture not considered appropriate on interlocutory application.