Globe Entertainment Ltd & Anor -v- Pub Pool Ltd & Ors [2016] IECA 272 (12 October 2016)

Globe Entertainment Ltd & Anor -v- Pub Pool Ltd & Ors [2016] IECA 272 (12 October 2016)

No concluded contract existed because the parties intended express agreement on the closing date, which was not reached; therefore, the requirements for specific performance and memorandum under s.51 of the 2009 Act were not satisfied.

Citation
[2016] IECA 272
Parties
Plaintiff/appellant: Globe Entertainment Limited; Plaintiff/appellant: Sean Doyle; Defendant/respondent: Pub Pool Limited; Defendant/respondent: Tom Kavanagh; Defendant/respondent: Ulster Bank Ireland Limited
Jurisdiction
Ireland
Judgment Date
12 October 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Sale of Land, Statute of Frauds, Memorandum Requirements
Contract Law Property Law Specific Performance Sale of Land Statute of Frauds Memorandum Requirements

Case Brief

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Parties

Globe Entertainment Limited

Plaintiff/appellant

Sean Doyle

Plaintiff/appellant

Pub Pool Limited

Defendant/respondent

Tom Kavanagh

Defendant/respondent

Ulster Bank Ireland Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a concluded enforceable contract for the sale of land between the parties
  2. 2 Whether the memorandum requirements under s.51 of the Land and Conveyancing Law Reform Act 2009 were satisfied
  3. 3 Whether failure to specify the defendant against whom specific performance was sought justified dismissal

Ratio Decidendi

No concluded contract existed because the parties intended express agreement on the closing date, which was not reached; therefore, the requirements for specific performance and memorandum under s.51 of the 2009 Act were not satisfied.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order for specific performance granted.