A company has failed to secure a High Court injunction preventing a Blanchardstown Shopping Centre tenant from changing some spaces in the car park into a taxi area.Blanche Retail Nominee Ltd, which operates the Leisureplex outlet in the shopping centre, wants to change 26 of the centre’s 586 car parking spaces into a taxi area.But International Investments ICAV, which leases to Leisureplex, says it is not entitled to do so. It sought an injunction restraining the works from continuing and reinstating works already carried out pending determination of the overall dispute. Judge Marguerite Bolger said while she found International Investments had established a strong case around the nature of its right to use the car park, on the balance of convenience, she refused the injunction. The judge said she took particular account of the fact that damages would also be an adequate remedy if the plaintiff is successful at the end of the case.International Investments argued that its right to a shared use of the car park under the lease it has with Blanche Retail is an easement and therefore its right to use the car park is a constitutionally protected property right. Blanche Retail disputed that the plaintiff has an easement and said that with 586 spaces, there will still be ample car park spaces for customers in both that car park and elsewhere in the centre.In any event, it said, damages were an adequate remedy, even if the plaintiff has property rights in the lease. It argued the balance of convenience favoured the refusal of the injunction.In her judgment, Bolger said she was satisfied International Investments had established a strong case that it will succeed at trial in establishing that the creation of the taxi area is not permitted by a clause in the lease and that its shared right to allow its customers to park in the car park is an easement.However, International Investments failed to satisfy her that damages would not be an adequate remedy for the loss it believes it will suffer and the balance of convenience favoured refusing the injunction.
Injunction to stop shopping centre car park spaces being converted to taxi rank refused
Judge determines damages will be adequate remedy if the plaintiff in Blanchardstown Shopping Centre case succeeds
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