TMT Digital centre Ltd & anor v Grehan & ors (Approved) [2020] IEHC 628 (27 November 2020)

TMT Digital centre Ltd & anor v Grehan & ors (Approved) [2020] IEHC 628 (27 November 2020)

The proceedings are not bound to fail as there is sufficient complexity and factual dispute, including prior High Court findings of double allocation, to warrant a plenary hearing; contractual and statutory exclusions of liability for receivers are strong but not determinative at this stage.

Citation
[2020] IEHC 628
Parties
Plaintiff: TMT Digital Centre Limited; Plaintiff: Docmay Limited; Defendant: Ray Grehan; Defendant: Danny Grehan; Defendant: Glenkerrin Homes Unlimited Company (In Receivership); Defendant: Michael McAteer; Defendant: Paul McCann; Defendant: Maynooth Business Campus Owners’ Management Company CLG; Defendant: Jomaijo Trading Limited
Jurisdiction
Ireland
Judgment Date
27 November 2020
Procedural Posture
Strike Out Motion / Interlocutory
Outcome
strike-out motion refused
Legal Topics
Exclusion of Liability, Receivership, Lease of Easements, Double Allocation, Statutory Immunity, Caveat Emptor
Property Law Contract Law Commercial Law Exclusion of Liability Receivership Lease of Easements Double Allocation Statutory Immunity +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

TMT Digital Centre Limited

Plaintiff

Docmay Limited

Plaintiff

Ray Grehan

Defendant

Danny Grehan

Defendant

Glenkerrin Homes Unlimited Company (In Receivership)

Defendant

Michael McAteer

Defendant

Paul McCann

Defendant

Maynooth Business Campus Owners’ Management Company CLG

Defendant

Jomaijo Trading Limited

Defendant

Procedural Posture

Strike Out Motion / Interlocutory

Legal Issues

  1. 1 Whether proceedings against receivers are bound to fail due to contractual and statutory exclusions of liability
  2. 2 Whether receivers acted outside scope of authority or not in good faith
  3. 3 Whether double allocation of car park spaces occurred

Ratio Decidendi

The proceedings are not bound to fail as there is sufficient complexity and factual dispute, including prior High Court findings of double allocation, to warrant a plenary hearing; contractual and statutory exclusions of liability for receivers are strong but not determinative at this stage.

Court Disposition

strike-out motion refused

Orders

  • Parties to engage to resolve outstanding matters; if unresolved, case to be mentioned in court one week from judgment.