Courts / Carlow / Report

'Mr Price' fails in appeal against grocery sale ban at Dunnes-anchored retail park

Date
2024-02-16

Stage
Appeal

Primary locality
Carlow

County
Carlow

Summary

The Court of Appeal has dismissed the bulk of an appeal by Dafora Unlimited Co, trading as Mr Price Branded Bargains, against a High Court ruling that prohibited it from selling certain grocery items at Barrow Valley Retail Park. The court upheld the decision by Mr Justice Mark Sanfey, which found that Dafora breached its lease by selling goods defined as groceries alongside anchor tenant Dunnes Stores. The High Court had determined that 'groceries' extends beyond food to include non-durable consumable household items purchased frequently, such as cleaning products, toiletries, and pet care items. Dunnes and landlord Camgill Property A Sé Ltd had secured an injunction preventing these sales. Dafora argued the High Court erred in interpreting the lease and that the injunction was ambiguous. The Court of Appeal, comprising Mr Justice Seamus Noonan, Mr Justice Robert Haughton, and Ms Justice Nuala Butler, largely agreed with the High Court's findings. However, the court amended one declaration to add the phrase 'provided that such items are non-durable' to the list of prohibited items, aiming for greater clarity. Mr Justice Haughton noted that Dunnes was substantially successful. Consequently, the court proposed that Dafora pay 90% of Dunnes' costs of the appeal, with the costs order to be finalised at a later date.

Who, what, where, when and why

What: Report matter: 'Mr Price' fails in appeal against grocery sale ban at Dunnes-anchored retail park. Procedural stage: appeal

When:

2024-02-16 Publication

Why: This was because there was a clause, or restrictive covenant, in the retail park lease that prohibits a competing business from selling goods defined as groceries alongside the anchor tenant, Dunnes. CNI source report