The High Court refused two companies’ application for leave to discontinue their lease dispute unless they paid the defendant’s costs, including the costs of an earlier injunction application. The court also indicated that the defendant’s separate application to dismiss the proceedings for want of prosecution should be dealt with by extending the time to deliver a statement of claim by 28 days, subject to written submissions within 14 days.
ILG Limited and Templeville Developments Limited brought the action against Aprilane Limited in 2018. The dispute concerned a commercial lease at the Pavilion on Royal Marine Road in Dún Laoghaire, County Dublin. The claims included whether Aprilane had served a sufficient forfeiture notice, whether West Wood Club CLG could provide services at the premises, and whether the lease could be assigned to Templeville Developments. The plaintiffs also sought damages for breach of contract.
An interim injunction initially restrained Aprilane from entering or retaking possession. In May 2019, the court refused the plaintiffs’ application for an interlocutory injunction and ordered its costs to be costs in the cause. The plaintiffs later sought leave to discontinue without an order for costs, arguing that the proceedings were no longer necessary after the threat to re-enter was withdrawn.
Justice Allen said the action was not moot: unresolved issues remained about West Wood Club’s presence and services at the premises, the proposed assignment, and the damages claim. The judge said the plaintiffs could discontinue if they wished, but only on terms that they pay the defendant’s costs. He was not persuaded to revisit the earlier costs order.
The judgment refused the plaintiffs’ motion for leave to discontinue, with costs. It did not impose a restriction on bringing further proceedings concerning the same issues. The defendant’s costs are to be assessed on a party-and-party basis if the parties cannot agree. The court did not make a final order on the defendant’s strike-out application in this judgment; it set out a proposed order extending the statement-of-claim deadline, subject to any written submissions filed within 14 days.