Irish Shell Ltd v Elm Motors Ltd

JurisdictionIreland
Judgment Date01 January 1984
Date01 January 1984
Docket Number[1982 No. 3465P]
CourtSupreme Court
(H.C., S.C.)
Irish Shell Ltd
and
Elm Motors Ltd

Balance of convenience - Contract - Terms - Enforcement - Restraint of trade - Covenant in lease -Covenant in positive form - Solus agreement with oil company - Lessor's remedy for breach of covenant - Mandatory and prohibitory injunctions - Interlocutory relief.

The defendants carried on a garage and petrol service business and the plaintiffs, an oil company, sold petroleum products. In the year 1969 the defendants bought a six-acre plot beside a public road and adjoining an acre plot which belonged to the plaintiffs. The plaintiffs had obtained planning permission for the development of their plot as a petrol and service station. The defendants' application for a similar permission for their plot was refused; they appealed against the refusal but withdrew the appeal after they had obtained the plaintiffs' agreement to grant the defendants a lease of the plaintiffs' plot. Subsequently, the defendants applied for and, on the 24 July, 1970, obtained planning permission to develop the combined plots as a petrol and service station. By a lease dated the 30 October, 1973, the plaintiffs demised their plot to the defendants for a term of 42 years. The lease contained...

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16 cases
  • Bayzana Ltd v Galligan
    • Ireland
    • Supreme Court
    • 1 January 1987
    ...ETHICON LTD 1975 AC 396 CAMPUS OIL LTD V MIN INDUSTRY & ENERGY 1983 IR 82, 1984 ILRM 45 ELLIS V WRIGHT 1976 IR 8 IRISH SHELL V ELM MOTORS 1984 IR 200, 1983 ILRM 63, 1984 ILRM 595 PANTRY FRANCHISE (IRL) LTD V MACKEN UNREP 25.6.79 TRADE DISPUTES ACT 1906 S2 1 JUDGMENT delivered on the 19th ......
  • SHELBOURNE HOTEL Ltd v TORRIAM HOTEL OPERATING Company Ltd
    • Ireland
    • High Court
    • 18 December 2008
    ...v Shandham [1971] Ch 340, Locabail International Finance Limited v Agroexport [1986] 1 All ER 901, Irish Shell Limited v Elm Motors [1984] 1 IR 200, Boyhan v Tribunal of Inquiry into the Beef Industry [1993] 1 IR 210, Ling ham v Health Service Executive [2005] IESC 89, [2006] 17 ELR 137 an......
  • Byrne v Dublin City Council
    • Ireland
    • High Court
    • 18 March 2009
    ... ... H UNREP KEANE 20.12.1979 1981/4/591 DUBLIN CITY COUNCIL v FENNELL 2005 IR 604 IRISH TRUST BANK v CENTRAL BANK OF IRELAND 1976-77 ILRM 50 CAMPUS OIL v MIN FOR INDUSTRY (NO.2) ... In Irish Shell v. Elm Motors [1984] I.R. 200 , McCarthy J. cited with approval the well-known observation of Lord ... ...
  • McCoy & South Dublin County Council v Shillelagh Quarries Ltd & Murphy
    • Ireland
    • Court of Appeal (Ireland)
    • 19 February 2015
    ...should not endeavour to resolve complex factual or legal issues by interlocutory order: see, e.g., Irish Shell Ltd. v. Elm Motors Ltd. [1984] I.R. 200, 224, per McCarthy J. Yet if the courts were to hold that a protective costs order could not be made until the outcome of the proceedings w......
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1 books & journal articles
  • Ireland: The Celtic Tiger Bites — The Attack on the Proceeds of Crime
    • United Kingdom
    • Emerald Journal of Money Laundering Control No. 4-3, January 2001
    • 1 January 2001
    ...court's own motion. (98) See generally Campus Oil Ltd v Minister for Industry and Energy [1983] IR 323; Irish Shell Ltd v Elm Motors Ltd [1984] ILRM 595. (99) Section 16 POC Act. (100) Section 5(l)(b) CAB Act. (101) The Disclosure of Certain Information for Taxation and Other Purposes Act 1......