Judgments: key cases in brief

Stay on planning decision did not prevent enforcement action Marine Terminals Limited -v- Dublin City Council [2014]IEHC 294 (High Court, Peart J,

May 29, 2014) High Court confirms that a stay on a local authority planning decision, pending the determination of a judicial review, did not prevent the authority taking enforcement action in respect of unauthorised development.

Conor O’Higgins BL

Nama receiver entitled to possession of residential property

Murphy -v- Hooton

[2014]IEHC 266 (High Court, Peart J,

May 22, 2014)

High Court grants a receiver appointed by Nama possession of a premises inhabited by a person claiming tenancy, on the grounds that the lender had not given its consent prior to the property being sub-let and, accordingly, the plaintiff had made out a strong arguable case that was likely to succeed at trial.

Conor O’Higgins BL

Rent of €1.4 million continued to be payable for café premises

Ickendel -v-

Bewley’s Café (Supreme Court, Laffoy J (nem diss),

July 1, 2014)

Supreme Court allows appeal from High Court, and grants declaration that the contractual provision “the rent payable hereunder during the preceding period” applied to the period immediately preceding the rent review date and, accordingly, that the rent of €1,463,964 continued to be payable in respect of café premises.

Ciaran Joyce BL

The conduct of company directors was reproachable but not dishonest or irresponsible

In re Access Cleaning Services Ltd; Van Dessel -v- Gill [2014]IEHC 317 (High Court, Barrett J,

May 30, 2014)

High Court refuses to make an order restricting two former directors of an industrial cleaning company from being directors of any company, where day-to-day operations had been financed by arrears owed to Revenue Commissioners, on grounds that the conduct had not actually been dishonest or irresponsible.

James Cross BL

“After the event” legal costs insurance did not constitute unlawful champerty

Greenclean Waste Management Ltd -v- Leahy (No

2) [2014]IEHC 314 (High Court, Hogan J,

June 5, 2014)

High Court, in professional negligence case, determines that “after the event” legal costs insurance was not champertous and did not amount to maintenance, on the grounds that, insofar as the insurer provided financial assistance to the litigant, it had a legitimate interest in the outcome of the proceedings.

James Cross BL

No stay on execution and registration of judgments in Commercial Court

Allied Irish Bank Plc -v- O’Reilly [2014]IEHC 326 (High Court, Kelly J,

June 27, 2014)

High Court refuses application for a stay on the execution and registration of the judgments entered against the defendants, finding that, despite the ample opportunity provided to meet their obligations to the plaintiff, a further forbearance was not justified.

Ciaran Joyce BL

Director of Dublin restaurant ordered personally to pay money to liquidator

In re Citywest Hire Ltd; Kirby -v- Petrolo Ltd [2014]IEHC 279 (High Court, Finlay Geoghegan J,

May 26, 2014)

High Court orders that the director of insolvent company personally deliver a sum of €21,049 to a liquidator of another company, where the effect of a transfer of cash and credit card receipts to another company’s bank accounts had been to perpetrate a fraud within the relevant legislation.

Conor O’Higgins BL

Money received by way of fraudulent disposition to be paid back to company liquidator

Kirby -v- Muldowney [2014]IEHC 318 (High Court, Barrett J,

May 30, 2014)

High Court determines that a sum of €103,500 received by an individual from the director of a property services company involved a fraudulent disposition within the meaning of relevant legislation and orders the individual to repay the sum of €103,500 to the liquidator of the company.

James Cross BL

Separated parents given joint custody and equal access to two children

R

S

-v- T

S

[2014]IEHC 257 (High Court, Keane J,

April 11, 2014)

High Court, in judicial separation proceedings, grants husband and wife joint custody of their two children and orders that access be shared equally between them on a week-on and week-off basis, notwithstanding opinion from clinical psychologist that it would be in children’s best interests to spend majority of time with their mother.

Conor O’Higgins BL

The full text of each judgment is on courts.ie Reports provided by Stare Decisis Hibernia, staredecisishibernia.com