MacCARTHY v CLOGGA DEVELOPMENTS Ltd

• Jurisdiction: Ireland
• Judge: Mr. Justice O'Higgins
• Judgment Date: 23 July 1974
• Neutral Citation: 1965 WJSC-HC 5460
• Court: High Court
• Date: 23 July 1974

1965 WJSC-HC 5460

THE HIGH COURT

MacCARTHY v. CLOGGA DEVELOPMENTS LTD

MacCARTHY

.v.

CLOGGA DEVELOPMENTS LTD.

1 Judgment delivered by Mr. Justice O'Higgins this 23rd July 1974

2 In this Action the Plaintiff seeks in effect rescission of a written contract 22.1.74 wherein he agreed to purchase from the Defendant Company certain property therein described for the sum of £23,000 subject to certain oral furnished tenancies. The Contract or Agreement for Sale contained certain clauses in a printed form and attached thereto were what was described as “Special Conditions”. Clause 7 of these Special Conditions reads as follows:-

"The sale is subject to the proviso that none of the tenancies listed on the first page hereof shall be shown to be subject to the provisions of the Rent Restrictions Acts on or before the date of closing."

3 Following the signing of the Contract the Plaintiff learned on March 13th 1974 that the tenant of Flat No. 6 had pat forward through her solicitors, Messrs. Cartan O'Mearn & Kieran a claim that this was an unfurnished flat and that the tenancy was controlled and protected by the Rent Restrictions Act. On receipt of this information the Plaintiff by letter dated the same day purported to rescind the Contract under Clause 7. The...