Thursday 27 October 2016

Rí Rá nightclub businessman loses appeal over sale of Dublin bar

Tim Healy

Published 12/10/2016 | 15:49

(Stock photo)
(Stock photo)

A businessman who ran a Dublin bar and nightclub has failed in an appeal over the sale of the premises by a bank-appointed receiver.

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Sean Doyle and Globe Entertainment Ltd brought a claim against a company which bought the Globe Bar and Rí Rá nightclub in South Great Georges in 2007 but over which a receiver was appointed in 2009 because it was part of the Thomas Read Pub Group which went through an unsuccessful examinership that year.

Mr Doyle, who worked all his life in the pub business and was a shareholder in Thomas Read, was interested in buying the Globe/Rí Rá. 

Mr Doyle continued running the premises under an agreement with receiver Tom Kavanagh who was appointed by Ulster Bank over the Read company which owned it, Pub Pool Ltd.

He and Globe brought a High Court action against Pub Pool as well as against the receiver and Ulster Bank seeking an order the defendants specifically perform a contract to sell the property (to Doyle and Globe).

The High Court, in February 2015, dismissed the claim after finding there was no enforceable contract with both Ulster Bank and the receiver.

Mr Doyle and Globe appealed arguing the High Court judge had erred in finding there was justification for dismissal of their claim by a failure (of Doyle and Globe) to identify the person against whom the order for specific performance was sought. 

The defendants denied their claims.

Ms Justice Mary Finlay Geoghegan, on behalf of a three-judge Court of Appeal, dismissed the appeal.

The High Court was correct in finding no concluded contract came into being between the bank and Mr Doyle for the sale of the pub/club, the judge said.

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