Surefac Ltd v Heaney [2011] NICh 17 (29 September 2011)

Surefac Ltd v Heaney [2011] NICh 17 (29 September 2011)

The use of the demised lands as a car park for patrons of a bingo and snooker club does not constitute use 'for the purposes of a club, place of amusement, theatre or entertainment' within the meaning of the restrictive covenant; the lands are used for a commercial purpose, and the covenant does not prohibit...

Source-derived case information.

Citation
[2011] NICh 17
Parties
Plaintiff: Surefac Limited; Defendant: Michael Heaney
Jurisdiction
Northern Ireland
Judgment Date
29 September 2011
Procedural Posture
Possession Claim Based on Alleged Breach of Lease Covenant / Final Judgment
Outcome
claim dismissed
Legal Topics
Restrictive Covenants, Lease Interpretation, Forfeiture, Commercial Use of Land
Property Law Landlord and Tenant Restrictive Covenants Lease Interpretation Forfeiture Commercial Use of Land

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Parties

Surefac Limited

Plaintiff

Michael Heaney

Defendant

Procedural Posture

Possession Claim Based on Alleged Breach of Lease Covenant / Final Judgment

Legal Issues

  1. 1 Whether use of demised lands as car park for bingo and snooker club breaches restrictive covenant prohibiting use 'for the purposes of a club, place of amusement, theatre or entertainment'
  2. 2 Interpretation of 'purposes' in lease covenant

Ratio Decidendi

The use of the demised lands as a car park for patrons of a bingo and snooker club does not constitute use 'for the purposes of a club, place of amusement, theatre or entertainment' within the meaning of the restrictive covenant; the lands are used for a commercial purpose, and the covenant does not prohibit ancillary uses that facilitate prohibited activities on other land.

Court Disposition

claim dismissed

Orders

  • Plaintiff not entitled to possession of the lands
  • Defendant not in breach of Clause 2(5)(b) of the lease