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High Court grants a defendant tenant an injunction restraining the plaintiff landlord from re-entering the premises on foot of a Notice of Forfeiture pending the trial of the action, in proceedings related to a dispute between a landlord and a tenant in respect of an alleged breach of an abatement agreement, on the grounds that an injunction will maintain the status quo, allow the defendant to continue offering medical services from the premises and, from a balance of justice point of view, provide a just solution.
The The court granted the injunction restraining the Plaintiff from re-entering the premises until the trial of the action.
Notice of Forfeiture - injunction - landlord tenant - unpaid rent - Plaintiff was a landlord of a premises which was rented by the Defendant for the purposes of running a medical practice - Plaintiff issued proceedings seeking summary judgement in respect of, inter alia, unpaid rent - summary judgment was refused and the matter was sent forward for plenary hearing - Defendant argued that the Notice of Forfeiture was an attempt to usurp the plenary proceedings and she argued that damages would not be an adequate remedy if the lease was forfeited - adequacy of damages - status quo - balance of justice.
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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