The High Court has refused to order the operators of a restaurant in Cork to leave the premises and to cease works there.
Objections had been made by the landlord of the building in which the restaurant, among several other units and offices, is located.
On July 2nd last, the High Court granted an interim order restraining Radius Pie Limited from carrying out any works at the restaurant premises in a unit at the Courthouse Chambers, Washington Street, Cork.
However, yesterday, Mr Justice Peart refused to grant interlocutory orders to Barnaton Investments Limited directing the defendants to vacate the premises pending a determination of the proceedings. He also refused an order directing them to cease works being carried on at the premises.
Yesterday, Mr Justice Peart said the restaurant had traded over the past couple of years since the lease was granted but had closed down recently.
Considerable works had been carried out to the interior in recent times by the company and a full restaurant certificate had been obtained with a full publican's licence attached.
Barnaton wanted the defendants to vacate the premises because they claimed they had no title to be there since there was no consent to the assignment of the lease to the company before the assignment was made or subsequently.
Mr Justice Peart said he had reached the conclusion that there was a fair issue to be tried and he had no difficulty in deciding that any loss which the plaintiff may suffer could be adequately compensated for in damages.
Even if he was wrong on those matters, the balance of convenience clearly and easily lay in favour of refusing the relief sought so that the restaurant can trade while the proceedings were brought to trial and determined.
The judge also pointed out that the granting of the orders sought would inevitably result in Radius Pie Limited ceasing to trade with the consequent lay off of 32 staff members and all the other financial consequences.