Templeville Developments Ltd. v. Leopardstown Club Ltd. & Anor [2003] IEHC 90 (10 December 2003)

Templeville Developments Ltd. v. Leopardstown Club Ltd. & Anor [2003] IEHC 90 (10 December 2003)

Damages would not be an adequate remedy for the plaintiff due to the permanent diminution of parking rights and difficulty in quantifying loss, whereas damages would be adequate for the defendant; therefore, an interlocutory injunction is appropriate pending arbitration.

Citation
[2003] IEHC 90
Parties
Plaintiff: Templeville Developments Limited; First Defendant: Leopardstown Club Limited; Second Defendant: County Council for the County of Dun Laoghaire Rathdown
Jurisdiction
Ireland
Judgment Date
10 December 2003
Procedural Posture
Interlocutory Application for Injunction and Motion for Judgment in Default of Defence / Interlocutory
Outcome
Interlocutory injunction granted; motion for judgment in default of defence dismissed.
Legal Topics
Leasehold Rights, Compulsory Purchase Order, Arbitration Clause, Interlocutory Injunction, Adequacy of Damages, Balance of Convenience
Property Law Contract Law Civil Procedure Leasehold Rights Compulsory Purchase Order Arbitration Clause Interlocutory Injunction Adequacy of Damages +1 more

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Parties

Templeville Developments Limited

Plaintiff

Leopardstown Club Limited

First Defendant

County Council for the County of Dun Laoghaire Rathdown

Second Defendant

Procedural Posture

Interlocutory Application for Injunction and Motion for Judgment in Default of Defence / Interlocutory

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining construction of a ramp pending arbitration
  2. 2 Whether the plaintiff is entitled to judgment in default of defence

Ratio Decidendi

Damages would not be an adequate remedy for the plaintiff due to the permanent diminution of parking rights and difficulty in quantifying loss, whereas damages would be adequate for the defendant; therefore, an interlocutory injunction is appropriate pending arbitration.

Court Disposition

Interlocutory injunction granted; motion for judgment in default of defence dismissed.

Orders

  • Order prohibiting defendant from constructing ramp at western extremity of yellow hatched area pending arbitration, effective upon lodgement of €150,000 rent arrears by plaintiff before 31st December 2003.
  • Plaintiff's motion for judgment in default of defence dismissed with costs to defendant.