Irish Shell Ltd v Elm Motors Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1982
• Date: 01 January 1982
• Court: High Court

(H.C.)

Irish Shell Ltd

and

Elm Motors Ltd

Exclusive trading covenant - Oil company leasing land to proprietor of petrol filling station - Exclusive purchase covenant - Breach - Whether enforceable - Whether common law doctrine of retraint of trade applicable to restrictions in leases - Injunction - Enforcement of negative covenants -Whether plaintiff disentitled to relief by reason of delay - Balance of convenience - Jurisdiction of court to grant mandatory injunction or interlocutory application.

In 1965, the plaintiff motor fuel distributors purchased a plot of ground near Limerick for the purpose of developing the site as a retail petrol filling station. The site had a valid planning permission for such a development. In 1969, the defendants purchased a 6 acre plot adjoining the plaintiff's land and applied for planning...