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Court of Appeal dismisses appeal from High Court, and: (a) affirms order granting summary judgment in the sum of €571, 893 arrears of rent and dismissing counterclaim, on the grounds that the trial judge had correctly determined matters and that the lease agreement had specifically precluded any set off against rent; and (b) refuses to admit new evidence on appeal on the grounds that the proposed new evidence would not have affected the judge's decision and the defendant was free to pursue the relevant matters in other proceedings.
Application to dismiss claim - grant of summary judgment - application by defendant to introduce new evidence on appeal - landlord and tenant - termination of lease - whether issues relating to lease should have been determined by Residential Tenancies Board - jurisdiction of Circuit Court to determine claim for new tenancy - Circuit Court jurisdiction - claim for new business tenancy - jurisdiction of High Court to determine claims for new tenancy in exceptional circumstances - whether plaintiff was precluded from litigating issue in High Court - whether set off or counterclaim - claim by defendant was against company rather than landlord - provision of lease that claim not to be set off against rent - claim by defendant for unliquidated damages - new evidence - whether new evidence showed that repossession was unlawful.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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