A High Court judge said yesterday that, sadly, unreasonableness by both sides was a feature of a case involving a company which leased out Sachs Hotel, Dublin, and the lessee company.
Mr Justice McCracken was giving judgment in an action in which the lessee, Genport Ltd, was making a counterclaim against Crofter Properties, the lessor. Genport sought damages for breach of covenant and breach of contract.
He thought that some of the actions of both parties to these proceedings must be open to very considerable question as to their motive. He said he was not making any finding that Crofter acted maliciously.
In his view Genport was clearly in breach of covenant, particularly in relation to alterations.
The relevant date was the date of the start of the lease, and any works carried out before that date could not constitute a breach of covenant.
Mr Justice McCracken said a claim by Genport of conspiracy against Crofter must fail. Genport had failed to establish any cause of action in negligence.
Last December the High Court decided that a claim for possession of Sachs Hotel brought by Crofter must fail, but said it was due a sum in respect of rent arrears.