Desmond Murtagh Construction Ltd (In Receivership) & others v Hannaan & others [2014] IESC 52 (31 July 2014)

Desmond Murtagh Construction Ltd (In Receivership) & others v Hannaan & others [2014] IESC 52 (31 July 2014)

Special Condition No. 10 of the Contract for Sale is clear and unambiguous, displaces General Condition No. 36 regarding planning compliance, and makes the architect's certificate in the agreed form the sole requirement. Planning matters are not matters of title, and the restrictive special condition is enforceable as there was no evidence of misleading or non-disclosure by the vendors. The plaintiffs are entitled to specific performance upon furnishing the agreed certificate.

Citation
[2014] IESC 52
Parties
Plaintiff: Plaintiffs (Respondents); Defendant: Defendants (Appellants)
Jurisdiction
Ireland
Judgment Date
31 July 2014
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Specific Performance, Interpretation of Contract, Planning Compliance, Special Conditions in Sale Contracts, Investigation of Title
Contract Law Property Law Specific Performance Interpretation of Contract Planning Compliance Special Conditions in Sale Contracts Investigation of Title

Case Brief

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Parties

Plaintiffs (Respondents)

Plaintiff

Defendants (Appellants)

Defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether Special Condition No. 10 of the Contract for Sale displaces General Condition No. 36 regarding planning compliance.
  2. 2 Whether the architect's certificate provided satisfies the vendor's obligations under the contract.
  3. 3 Whether planning matters constitute matters of title for the purposes of investigation and requisition.

Ratio Decidendi

Special Condition No. 10 of the Contract for Sale is clear and unambiguous, displaces General Condition No. 36 regarding planning compliance, and makes the architect's certificate in the agreed form the sole requirement. Planning matters are not matters of title, and the restrictive special condition is enforceable as there was no evidence of misleading or non-disclosure by the vendors. The plaintiffs are entitled to specific performance upon furnishing the agreed certificate.

Court Disposition

appeal dismissed

Orders

  • Specific performance of the contracts for sale is ordered in favour of the plaintiffs, subject to the Receiver's undertaking to ensure compliance with planning Condition No. 33 when called upon by Cavan County Council.