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High Court strikes out injunction application by plaintiff and previous owner of property seeking to prevent the defendants from developing it for use as a cinema or theatre venue, on the grounds that the proceedings are bound to fail by reason of the fact that: the restrictive covenant in place, together with subsequent undertakings being provided by the defendants to the court, indicate the defendants are free to develop the property and will not so use it as a cinema or theatre venue; and the court's purpose is not to police the intended or possible intentions, as distinct from acts, of commercial parties before it.
Application to strike out proceedings on grounds that they are bound to fail - Order 19 rule 28 RSC - no reasonable cause of action - frivolous or vexatious - court's inherent jurisdiction - substantive proceedings seeking injunction preventing defendants from developing a property as a cinema previously owned by plaintiff - background to proceedings - statement of claim - letter of offer of undertakings provided by defendants - agreement between parties on certain substantive issues - motion restricted assessment of relief seeking to restraining the implementation of planning permission for use of property as an entertainment venue - consideration of wording of restrictive covenant which imposes no restriction on building or development - whether use as an entertainment venue will of necessity amount to its use as a cinema or theatre - permission granted fails to state that space must include a cinema or theatre - no dispute about actual use of property given undertakings provided - jurisdiction to strike out - whether construction could amount to breach of restrictive covenant - final decision on 'use' of property not yet taken - plaintiff aware at all times of distinction between 'construction' and 'use' by virtue of contract for sale - plaintiff no right to a remedy at this stage on basis of its belief as to the defendants' intentions - not court's purpose to police intentions or possible intentions as distinct from the acts of commercial parties - bound to fail - application struck out
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