Latimer & Anr v Curleys
| Jurisdiction | Northern Ireland |
| Judge | Mr Curry |
| Neutral Citation | BT/11/2010 (Part 1) |
| Court | Lands Tribunal (Northern Ireland) |
| Date | 14 March 2011 |
LANDS TRIBUNAL FOR NORTHERN IRELAND
LANDS TRIBUNAL COMPENSATION ACT (NORTHERN IRELAND) 1964
BUSINESS TENANCIES (NORTHERN IRELAND) ORDER 1996
IN THE MATTER OF AN APPLICATION
BT/11/2010
BETWEEN
ALAN LATIMER & PHILIP McGRENAGHAN – APPLICANTS
AND
CURLEY’S SUPERMARKETS (DUNGANNON) LIMITED – RESPONDENT
Re: Screen 3 Global Cinema, Oaks Centre, Oaks Road, Dungannon
PART I
Lands Tribunal - Mr M R Curry FRICS IRRV MCI.Arb Hon.Dip.Rating Hon.FIAVI
Background
1. By a lease (“the Head Lease”) made 9th November 1999, Curley’s Supermarkets (Dungannon)
Limited (“the Respondent”) demised premises (“the premises”) at the Oaks Shopping Centre,
Dungannon to Fairmount Trustee Services Limited & Others (“Fairmount”) for a term of 150
years.
2. By a sub-lease dated 23rd October 2000, Fairmount sub-let the premises to Oaks Multiplex
Limited (the sub-lessee) for a term of 25 years.
3. The Applicants are the Directors and Shareholders of Oaks Multiplex Limited and by a transfer
dated 24th August 2005 the Applicants also acquired Fairmount’s interest.
4. Oaks Multiplex Limited now wish to further sub-let part only of the premises to DP Realty
Limited trading as Dominos.
5. The Respondent has refused to grant consent for the proposed sub-letting.
6. Article 26 of the Business Tenancies (Northern Ireland) Order 1996 makes provision for the
Tribunal to intervene in certain circumstances in regard to restrictions on alienation. The
application was for an order that:
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