The High Court has granted an injunction temporarily preventing a media company from taking steps to purchase west Dublin lands for the development of a state-of-the-art film centre without the participation of its alleged partners.
Cooper Plus and Plus Development, a real estate firm founded by Irish natives Carlin and Tyrone McKillen, claim the three companies agreed to jointly acquire, develop, and operate a media park on council lands at Grange Castle Business Park in Clondalkin. The injunction, granted on Tuesday by Mr Justice Michael Twomey, restrains Lens Media from developing the film studios without the plaintiffs until the court dispute is resolved.Mr Justice Twomey concluded there was, “at the very least”, a fair issue to be tried at a substantive hearing regarding the enforceability or binding nature of a negative pledge covenant in a memorandum of understanding entered into by the three companies in June 2020.
The memorandum stated that it would expire when the parties entered into the operating agreement, but it “specifically does not address” what would occur if there was a failure to agree terms of that agreement, said Mr Justice Twomey. An express term could “easily have been inserted” to deal with such a failure, and its absence militates against a court implying it, he said.