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High Court refuses the plaintiff an interlocutory injunction to restrain the defendant, a 76-year-old farmer, from selling or marketing a property which the plaintiff claimed the defendant had agreed to sell to them for €1.2 million, on the grounds that, despite the plaintiff's assertions, there was insufficient evidence of a legally binding agreement or any meaningful act of part performance that would justify the injunction; and the balance of convenience favored the defendant, who, along with his family, had a definite property interest.
Interlocutory injunction - specific performance - oral agreement - part performance - balance of convenience - property rights - tender process - Statute of Frauds - Land and Conveyancing Law Act 2009 - adequate remedy - damages - contractual rights - equitable relief - clean hands maxim - legal representation - family ownership - sale by tender - registered letter - legal advice - contractual negotiations - subject to contract - planning permission - deposit - title searches - High Court.
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