Liffey Valley Shopping Centre landlord not required to have Covid cover for tenant, court rules
Mr Justice Barry O'Donnell found the claim by Elite Gastrobars Ltd that the landlord's obligation to insure under the terms of the lease cannot be understood as extending to an obligation to provide cover against the type of business interruption caused by the Covid lockdown restrictions.
The obligation extended to the specified insured risks and that definition does not refer expressly or by implication to losses caused by public health restrictions, he said.
In those circumstances, the judge said Elite failed to meet the threshold that would persuade the court not to enter summary judgment against the company over rent arrears and refer the matter to full hearing.
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He therefore made an order granting judgment for €276,041 in favour of the shopping centre landlord, BVK Elektra 2 Liffey Phase 1 ICAV.
The case was also against Bunker Estates Ltd, which was the guarantor in the lease for Elite. The judge said that since the case was initiated against Elite, Bunker has been dissolved and the application for summary judgement against Bunker was adjourned generally.
The judge said that while Elite had also raised arguments about the lack of a clear explanation in the accounts for the rent arrears claim and the status of BVK, the main issue was business interruption insurance.
Elite said the arrears were related to trading difficulties during the Covid restrictions and that the landlord had not activated a rent review clause in the lease that would give rise to an adjustment in the figures claimed.
Mr Justice O'Donnell was satisfied that the figures and explanations provided by BVK were accurate and reliable.
The defendant accepted that it had not paid the rent and other charges for periods, he said. Its primary argument was that this was related to the trading difficulties during the period of Covid restrictions and was also excusable for reasons to do with the business interruption clauses in the lease.
The rent review issue was addressed by the parties and an agreed position was achieved with a consequent adjustment to the figure claimed, the judge said.
He did not consider that it was open to the defendant to challenge BVK's title.
He granted judgment and adjourned the case to October for final orders and cost matters.
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The Journal
10 hours ago
- The Journal
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Until its operating mandate changes, An Post will aim to run itself in a way that puts it in the most secure financial position possible. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Independent
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a day ago
- Irish Independent
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