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High Court, in interlocutory injunction proceedings, grants injunction to leaseholder who has been unable to deliver up vacant possession of a service station arising from the defendant company's insistence on a renewed business sub-lease, on the grounds that the damage to the plaintiff's finances and reputation outweighs the negative financial effect on the defendant from having to close down its fuel service business; but the court stays the order on condition that the defendant pay the monthly rent to the trial of the action, together with the full amount of arrears of rent due and owing to the plaintiff.
Injunction - prohibiting trespass on lands comprising retail service station - sub-tenant of property (himself granted a temporary sublease from plaintiff) assigned his interest to defendant subject to covenants and conditions contained in original lease - details of business relationship between parties - plaintiff claims lease and sub-lease terminated by effluxion of time - deed of assignment - deed of renunciation - right to a new tenancy under land and conveyancing legislation - alleged agreement for defendant to pay a fee for its continued occupation until July 2016 - claim that a 'tenancy at will' was agreed - whether new 'agency agreement' put in place between parties - agreement for fuel to be sold by defendant subject to plaintiff's renewal of lease - plaintiff states defendant has been a bare licensee operation his business at premises since August 2016 - plaintiff unable to renew lease by agreement and thus gave notice to defendant to give up possession - defendant refusing to vacate premises - test to be applied for grant of interlocutory injunction - fair bona fide question to be tried - plaintiff has met threshold - conflicts on evidence are a matter for the trial of the action - adequacy of damages - plaintiff obliged to pay monthly rent until it can give up vacant possession - defendants not in a position to meet claim for damages - loss of plaintiff's reputation - damages inadequate - plaintiff's undertaking as to damages adequate to compensate defendant should he be successful in respect of separate Circuit Court proceedings seeking a renewed business tenancy - balance of convenience - minimise the risk of injustice - consequences of granting injunction on defendant - loss of ten jobs and loss of family income - finely balance - injunction to be granted - stay on order subject to defendant paying monthly rent payable to plaintiff together with full amount of arrears of rent.
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