Perfect Stripe Limited [Trading as Grafter] v Fennell & Ors (Rev1) [2025] IEHC 585 (31 October 2025)

Perfect Stripe Limited [Trading as Grafter] v Fennell & Ors (Rev1) [2025] IEHC 585 (31 October 2025)

The plaintiff failed to establish a fair issue to be tried regarding the amount of rent due, as the leases and deeds of variation were clear and binding, and there was no evidence of any agreement to vary the rent as claimed. The claims of unconscionable pressure, lack of notice, unlawful re-entry, and misappropriation of business were unsupported by law or fact. The balance of justice did not favour granting the injunction, as Grafter was in substantial arrears, did not undertake to pay future rent, and was in a weak financial position, while damages would be an adequate remedy.

Citation
[2025] IEHC 585
Parties
Plaintiff: Perfect Stripe Limited t/a Grafter; Defendants: Ken Fennell and Brendan O'Reilly (as Joint Receivers of Wonder Bay Limited (in Receivership), Crossville Properties Limited (in Receivership) and Discovery Dawn Limited (in Receivership))
Jurisdiction
Ireland
Judgment Date
31 October 2025
Procedural Posture
Commercial Court Interlocutory Application / Application for Interlocutory Injunction Pending Trial
Outcome
Interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Forfeiture of Lease, Receivership, Rent Arrears, Peaceable Re Entry, Unconscionability, Adequacy of Damages
Commercial Law Landlord and Tenant Law Insolvency Law Interlocutory Injunctions Forfeiture of Lease Receivership Rent Arrears Peaceable Re Entry +2 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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Perfect Stripe Limited t/a Grafter

Plaintiff

Ken Fennell and Brendan O'Reilly (as Joint Receivers of Wonder Bay Limited (in Receivership), Crossville Properties Limited (in Receivership) and Discovery Dawn Limited (in Receivership))

Defendants

Procedural Posture

Commercial Court Interlocutory Application / Application for Interlocutory Injunction Pending Trial

Legal Issues

  1. 1 Whether the plaintiff (Grafter) is entitled to an interlocutory injunction requiring the receivers to deliver up possession of the properties pending trial
  2. 2 Whether there is a fair issue to be tried regarding the amount of rent due under the leases
  3. 3 Whether the receivers' re-entry was unlawful or not peaceable

Ratio Decidendi

The plaintiff failed to establish a fair issue to be tried regarding the amount of rent due, as the leases and deeds of variation were clear and binding, and there was no evidence of any agreement to vary the rent as claimed. The claims of unconscionable pressure, lack of notice, unlawful re-entry, and misappropriation of business were unsupported by law or fact. The balance of justice did not favour granting the injunction, as Grafter was in substantial arrears, did not undertake to pay future rent, and was in a weak financial position, while damages would be an adequate remedy.

Court Disposition

Interlocutory injunction refused

Orders

  • Application for interlocutory injunction dismissed
  • Possession of the properties to remain with the receivers pending trial