The Supreme Court dismissed Dunnes Stores’ appeal against a High Court decision allowing Camiveo Limited to recover rent and service charges for three leases at Edward Square and Eyre Square shopping centres in Galway City. The High Court had given Camiveo liberty to enter final judgment for €1,134,392.32, plus costs.
Dunnes did not dispute the leases’ validity or, in broad terms, its obligation to pay. It argued that Camiveo had not shown it was entitled to enforce the landlord’s rights. The appeal focused on two questions: whether Camiveo’s failure to sign the deed transferring the landlord’s interest prevented enforcement, and whether it could enforce the leases before first registration of its interest in the land.
The Supreme Court held that Camiveo’s signature was not required for the deed to transfer the vendor Radical’s interest. The Court said a party that takes the benefit of a deed is also bound by its burdens. Camiveo had paid the purchase money, Radical had divested itself of its interests, and Camiveo had acted as owner by seeking rent. The Court therefore found no merit in Dunnes’ argument that the unsigned deed prevented Camiveo from enforcing the leases.
The Court permitted Dunnes to raise the first-registration issue on appeal and admitted additional evidence that Camiveo was not yet registered as owner. It then decided the legal issue, noting that the Property Registration Authority had accepted Camiveo’s application for processing despite it being made outside six months. The Authority’s letter said registration would proceed subject to examination of title and other requirements.
The Court concluded that although the estate or interest would not pass until registration, Camiveo had an “inchoate” right to the property under the deed. That right entitled it to enforce the landlord’s rights under the leases, including collection of rent and service charges. The Court rejected Dunnes’ registration argument, dismissed the appeal and affirmed the High Court order.