McNamee & anor -v- Estherfield Ltd & anor [2014] IEHC 205 (01 April 2014)

McNamee & anor -v- Estherfield Ltd & anor [2014] IEHC 205 (01 April 2014)

The defendants failed to raise an arguable defence to the claim for rent arrears; their cross-claim did not arise from the same contract and thus could not operate as a set-off. The plaintiffs are entitled to judgment for all outstanding rent, including amounts accruing after the notice of motion, as these arise from the same lease and are properly supported by evidence.

Citation
[2014] IEHC 205
Parties
Plaintiff: Ronan McNamee; Plaintiff: Jacqueline McNamee; Defendant: Estherfield Limited; Defendant: Hickey's Pharmacy Limited
Jurisdiction
Ireland
Judgment Date
01 April 2014
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Summary Judgment, Rent Arrears, Set Off, Counterclaim, Lease and Licence, Procedural Efficiency
Contract Law Landlord and Tenant Law Civil Procedure Summary Judgment Rent Arrears Set Off Counterclaim Lease and Licence +1 more

Case Brief

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Parties

Ronan McNamee

Plaintiff

Jacqueline McNamee

Plaintiff

Estherfield Limited

Defendant

Hickey's Pharmacy Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendants have an arguable defence to the claim for rent arrears under the lease and licence.
  2. 2 Whether a cross-claim regarding alleged unauthorised development can operate as a set-off or defence to the rent claim.
  3. 3 Whether the plaintiffs can recover rent that accrued after the issuance of the notice of motion in these proceedings.

Ratio Decidendi

The defendants failed to raise an arguable defence to the claim for rent arrears; their cross-claim did not arise from the same contract and thus could not operate as a set-off. The plaintiffs are entitled to judgment for all outstanding rent, including amounts accruing after the notice of motion, as these arise from the same lease and are properly supported by evidence.

Court Disposition

judgment for the plaintiffs

Orders

  • Judgment for €557,780.93 plus interest and costs in favour of the plaintiffs.