High Court refuses to grant mandatory interlocutory injunctive relief sought by the owners and operators of a shopping centre in County Carlow, which would have required the anchor tenant of the centre to remain open despite continued significant operating losses, pending the full hearing of an action claiming damages for breach of a restrictive covenant of a lease, on the grounds that: a) the plaintiffs have failed to establish a strong case likely to succeed at a full hearing; and b) the court has grave concerns over the wisdom of forcing a commercial venture to continue to operate despite monetary losses.
Interlocutory injunction - imminent closure of grocery store as anchor tenant in shopping centre - plaintiffs as owner of centre, landlord and management company of site - whether proposed closure a unilateral breach of contract - 'keep open' covenant - whether irrevocable and irreparable damage to plaintiffs' and third party businesses - principles to be applied - fair and bona fides question to be tried - adequacy of damages - balance of convenience - prohibitory order - defendants allegedly operating at a substantial loss - in reality, a mandatory order is being sought - whether a strong case likely to succeed at trial - whether a court can direct a business to carry on business - specific performance - development of the law - enforcement of covenants - application of case law - not a strong case likely to succeed - plaintiffs unable to provide undertaking as to damages - damages an adequate remedy - 'least harm' principle - where the risk of injustice lies - contractual terms of lease sufficient - relief refused.