The Alfred Beit Foundation v Egar (Approved) [2021] IEHC 65 (29 January 2021)

The Alfred Beit Foundation v Egar (Approved) [2021] IEHC 65 (29 January 2021)

The Foundation is the legal and beneficial owner of the lands. Mr Egar's claim to a leasehold or equitable interest is not supported by sufficient evidence to amount to an arguable defence. The written agreements are clear licences, and the alleged oral agreement is unenforceable under the Statute of Frauds. Mr Egar is therefore a trespasser, and the Foundation is entitled to interlocutory injunctions restraining trespass and related conduct ex debito justitiae. The balance of convenience and adequacy of damages do not favour Mr Egar.

Citation
[2021] IEHC 65
Parties
Plaintiff: The Alfred Beit Foundation; Defendant: David Egar
Jurisdiction
Ireland
Judgment Date
29 January 2021
Procedural Posture
Interlocutory Injunction Application in Plenary Proceedings / Interlocutory (pre Trial)
Outcome
Interlocutory injunctions granted restraining trespass and related conduct by the defendant pending trial.
Legal Topics
Interlocutory Injunctions, Trespass, Commercial Tenancy, Equitable Interests, Adequacy of Damages
Property Law Landlord and Tenant Law Civil Procedure Interlocutory Injunctions Trespass Commercial Tenancy Equitable Interests Adequacy of Damages

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Parties

The Alfred Beit Foundation

Plaintiff

David Egar

Defendant

Procedural Posture

Interlocutory Injunction Application in Plenary Proceedings / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the defendant has a leasehold or equitable interest in the lands or is a trespasser
  2. 2 Whether the plaintiff is entitled to interlocutory injunctions restraining trespass and related conduct
  3. 3 Whether the balance of convenience and adequacy of damages favour granting interlocutory relief

Ratio Decidendi

The Foundation is the legal and beneficial owner of the lands. Mr Egar's claim to a leasehold or equitable interest is not supported by sufficient evidence to amount to an arguable defence. The written agreements are clear licences, and the alleged oral agreement is unenforceable under the Statute of Frauds. Mr Egar is therefore a trespasser, and the Foundation is entitled to interlocutory injunctions restraining trespass and related conduct ex debito justitiae. The balance of convenience and adequacy of damages do not favour Mr Egar.

Court Disposition

Interlocutory injunctions granted restraining trespass and related conduct by the defendant pending trial.

Orders

  • Defendant restrained from trespassing on the lands pending trial
  • Defendant restrained from slandering the Foundation’s title to the lands