Re Erris Investments Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1991
• Date: 01 January 1991

(H.C.)

In re Erris Investments Ltd

Lease - Lessor taking possession - Whether surrender by act and operation of law entitling lessor to have the leasehold burden cancelled -Whether valid re-entry and forfeiture - Landlord and Tenant Law Amendment (Ireland) Act, 1860 (23 24 Vict. c. 154), s. 7 - Conveyancing Act, 1881 (44 45 Vict. c. 41), s. 14 - Conveyancing Act, 1892 (55 56 Vict c. 13), s. 2 -Companies Act, 1963 (No. 33), s. 290 - Registration of Title Act, 1964 (No. 16), ss. 19, 69.

1. S. 290 of the Companies Act, 1963, makes provision for the disclaimer of onerous property in the case of the winding-up of a company. S. 290 (7) confers jurisdiction on the court, upon application of any person claiming an interest in, or claiming to be under an undischarged liability in respect of the property, to make an order vesting the property in the person entitled thereto, or in whom it may seem just to the court, by way of compensation. The applicant company was the lessor of certain registered land and premises, and the lease was registered as a burden on the folio. The company which held the lease went into liquidation, and the official liquidator was given liberty to disclaim the company's interest in the lease. In 1986, following the disclaimer, the applicant took possession of that part of the premises which had been occupied by the lessee. At the date of the liquidation, another company was in part-occupation of the premises as sub-lessee, but it vacated that part in 1987, and the applicant took possession thereof. Claiming that there had been a surrender by act and operation of law under s. 7 of Deasy's Act, the applicant applied to the Registrar of Titles to have the leasehold burden cancelled, on the basis that once the landlord had re-entered the premises on foot of the...