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High Court, in relation to 99-year lease of foreshore for proposed development of marina: a) grants relief against forfeiture; and b) adjourns assessment of both general damage and special damage arising from breach of statutory duty giving rise to loss of grant.
Landlord and tenant - 99-year lease of foreshore - construction of marina - arrears of rent of €136K- notice of forfeiture - application for relief against forfeiture - counterclaim for unreasonable withholding of authority and consents required - application to lessor for consent - prohibitory notices under Foreshore Acts 1933 and 1992 - disposal of dredged materials - whether lessee covenanted to complete works within five years of lease - s. 14 of the Conveyancing Act 1881 - whether breach of covenants - requirement of notice - re-entry for arrears of rent - s 52, Deasy's Act - one year's rent - unreasonable withholding of consent - trespass - loss of chance of grant - (Interreg IIIA grant) - whether breach of statutory duty gave rise to action for damages - loss of a chance.
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