D4 eatery can take case on arrears
The High Court has ruled that a Dublin restaurant's undertaking to pay damages, should it lose a case taken after its landlord took possession of the premises, is sufficient to allow the case continue.
Bel and Belluci of Ballsbridge, whose directors include businessman Robbie Fox, got an injunction last month on the same day its landlord, Knockanore Properties, took over the premises.
It followed a dispute over €140,000 in rent arrears relating to a period between 2015 and 2017.
Knockanore did not oppose the injunction and said it was prepared to allow Mr Fox and his staff back in pending the outcome of the legal proceedings.
As part of the granting of any injunction a person or company seeking it must give an undertaking to pay damages should they lose the case.
On Friday, Knockanore asked Ms Justice Caroline Costello to examine the damages undertaking because Bel and Belluci's accounts showed it was loss-making and in debt.
John Donnelly BL, for Bel and Belluci, opposed the application and said there was a genuine dispute over arrears. His client continues to pay ongoing rent and what Knockanore was trying to do was seek security for costs.
Ms Justice Costello said an undertaking as to damages was never intended to cover existing claims and losses in respect of which a dispute was about. She was satisfied there had been not been a sufficient challenge to the restaurant's undertaking to pay damages.
She refused Knockanore's application and adjourned the matter to next month.