Bula Ltd v Tara Mines Ltd (No. 2)

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1988
• Docket Number: [1986 No. 10898P]
• Date: 01 January 1988

(H.C.)

Bula Ltd

and

Tara Mines Ltd. (No. 2)

Action for unlawful interference with economic interests - Mandatory interlocutory injunction sought - Whether grant of such relief dependent on plaintiff's prospects of success at trial of action - Whether terms of injunction sought certain enough to enable court to ensure compliance with its order - Whether grant of relief would prejudge one of the issues in the case.

The first plaintiff and the first defendant owned adjoining orebodies in Nevinstown, County Meath. The first defendant's orebody was held under a State mining lease granted in 1975 and made with amongst other persons the defendant Minister's predecessor-in-title. One of the provisions of that lease, clause f., provided that the lessee, the first defendant, undertook to co-operate with the lessor so as to ensure that the minerals thereby demised and any privately owned minerals in Nevinstown would be exploited in the most efficient and most economical manner with consequent benefit to all concerned and also provided that the lessee undertook to act reasonably in all negotiations to achieve such end. The lease further provided that should any dispute arise between the lessor and lessee concerning, inter alia, clause f. or as to...