The High Court has granted Plus Development LLC and Cooper Plus Holdings Limited an interlocutory injunction in their dispute with Lens Media Limited over a proposed media park at Grange Castle Business Park, Clondalkin.
The plaintiffs say a 3 June 2020 memorandum of understanding prevents Lens Media from pursuing the project without them or excluding them from it. Lens Media argued that its obligations had ended after negotiations over an operating agreement failed. The court decided only that there is a fair issue to be tried about whether the covenant remains binding; it did not determine that question finally.
The proposed project involves 48 acres to be purchased from South Dublin County Council for €26.5 million. Under the parties’ proposed division of work, Plus Development would build the media park, Cooper Plus would seek finance, and Lens Media would manage and operate the studios.
In granting the injunction pending trial, Mr Justice Twomey found that the relief sought was prohibitory: it would restrain Lens Media from pursuing the venture without the plaintiffs, but would not require Lens Media to continue the project with them. The judge said a permanent injunction in similar terms might be granted if the plaintiffs succeed at trial.
The court considered the wording of the memorandum, which says it is binding and enforceable and bars a party from pursuing the project without the others or bringing in replacements without written consent. It does not expressly say what happens if the parties fail to agree an operating agreement. The judge said that omission, among other provisions, supported the view that the plaintiffs’ position was arguable.
Lens Media also disputed whether Cooper Plus was a party to the memorandum, which names “Cooper Investment Group Entities”. The judge found that this did not eliminate a fair issue to be tried, noting that Plus Development was also seeking to enforce the agreement and that evidence indicated the parties may have intended to place an appropriate corporate vehicle in the venture.
On the balance of justice, the court relied on sworn evidence from Cooper Plus’s director that Lens Media had net liabilities of €228,871. Lens Media had not answered that evidence. The judge found damages would not be an adequate remedy for the plaintiffs if the injunction were refused and they later succeeded. Evidence that Plus Development had annual profits exceeding US$1 million also informed the court’s assessment of whether damages could compensate Lens Media if the injunction later proved unwarranted.
The court ordered the parties to try to agree outstanding matters and provide any draft agreed order to the Registrar. The case was provisionally listed for mention one week after judgment, with liberty to notify the Registrar if the listing was unnecessary.