The High Court found that Lynch Freight (Kilmallock) Limited owed €98,814.41 to Crohan O’Shea, Sean Fitzpatrick and O’Shea Homes Limited for service charges and insurance premiums connected with Unit 16, Park West, County Dublin.
In a judgment delivered on 20 January 2009, Mr Justice de Valera said the plaintiffs had leased the premises from Airscape Limited and Park West Management (Dublin) Limited. The defendant occupied them under a sub-lease dated 3 April 1998, which required it to pay for services including electricity, oil, gas and water, as well as insurance premiums.
The claim concerned €54,292.55 in service charges for the period from 1 January 1991 to 31 December 2002, and €44,521.86 in insurance premiums for 1 January 1999 to 31 December 2004. The judgment said the plaintiffs had paid those amounts to Airscape under the head lease. It was common case that the defendant had not paid the plaintiffs, and evidence was given that demands had been made.
The defendant disputed the adequacy of services and the propriety of the insurance cover and payments. The judge was satisfied that the contracted services had been provided “to a very large extent” and that the plaintiffs had made reasonable efforts to address any deficiencies. Any deficiency did not justify withholding payment, he found. He also found the insurance payments proper and appropriate, noting that the defendant called no expert evidence to contradict that view.
The judgment says the plaintiffs had undertaken, after a preliminary objection by the defendant, to stamp the sub-lease and pay arrears arising on it. It also records that a witness expected by the defendant to give evidence about a guarantee did not attend, resulting in an unnecessary day’s costs.
The judge concluded that the service charges and insurance premiums were properly due in the stated amount. The supplied two-page source contains no text of a formal order, so the precise relief granted, including any costs order, is not stated in this draft.