Windham -v- Maguire & Anor [2009] IEHC 359 (16 July 2009)

Windham -v- Maguire & Anor [2009] IEHC 359 (16 July 2009)

The Windham Trust was able, ready and willing to complete the sale and deliver vacant possession within the contract terms, but the purchasers failed to give reasonable advice of intention to close, so they cannot rely on the vendor's alleged inability to deliver vacant possession to rescind the contract. However, due to the subsequent winding up of Fashion Blinds, specific performance is not possible, and damages in lieu are appropriate.

Citation
[2009] IEHC 359
Parties
Plaintiff: Richard Windham; Defendant: Vincent Maguire; Defendant: Liam Moran
Jurisdiction
Ireland
Judgment Date
16 July 2009
Procedural Posture
High Court Civil Action / Judgment After Trial
Outcome
Damages in lieu of specific performance awarded to the plaintiff; quantum to be assessed.
Legal Topics
Specific Performance, Vacant Possession, Completion Notice, Damages in Lieu of Specific Performance, Sale of Land, Surrender of Lease
Contract Law Property Law Specific Performance Vacant Possession Completion Notice Damages in Lieu of Specific Performance Sale of Land Surrender of Lease

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Parties

Richard Windham

Plaintiff

Vincent Maguire

Defendant

Liam Moran

Defendant

Procedural Posture

High Court Civil Action / Judgment After Trial

Legal Issues

  1. 1 Whether the Windham Trust was able, ready and willing to complete the sale and deliver vacant possession as required by the contract
  2. 2 Whether the failure to deliver vacant possession entitled the purchasers to rescind the contract
  3. 3 Whether the winding up of Fashion Blinds prevented specific performance

Ratio Decidendi

The Windham Trust was able, ready and willing to complete the sale and deliver vacant possession within the contract terms, but the purchasers failed to give reasonable advice of intention to close, so they cannot rely on the vendor's alleged inability to deliver vacant possession to rescind the contract. However, due to the subsequent winding up of Fashion Blinds, specific performance is not possible, and damages in lieu are appropriate.

Court Disposition

Damages in lieu of specific performance awarded to the plaintiff; quantum to be assessed.

Orders

  • The Windham Trust is entitled to recover damages in lieu of specific performance against Mr. Maguire and Mr. Moran, such damages to be assessed by a judge sitting alone.
  • The Windham Trust to serve points of claim in respect of quantum within four weeks.