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Stay refused on second module of commercial property litigation
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The High Court has refused an application by a landlord for a stay on the Circuit Court hearing the second module of a dispute concerning a restaurant premises, pending the appeal of the determination of the first module. The balance of justice did not favour granting a stay, where the landlord was capable of being compensated in damages.
Landlord and Tenant dispute, commercial premises, stay application, forfeiture of lease, invalid notice service, non-peaceable re-entry, new lease entitlement, Part II of the Landlord and Tenant (Amendment) Act 1980, balance of justice, appeal, Dublin Circuit Court, High Court, arguable grounds, costs order, equitable set off, mesne rates, trespassing claim.
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.
