A businessman who ran a Dublin bar and nightclub has lost an appeal over the sale of the premises by a bank-appointed receiver.
Seán Doyle and Globe Entertainment Ltd sued a company which bought the Globe Bar and RíRá nightclub in South Great Georges Street in 2007.
A receiver was appointed over the property in 2009 because it was part of the Thomas Read Pub Group which went through an unsuccessful examinership that year.
Mr Doyle, who worked all his life in the pub business and was a shareholder in Thomas Read, was interested in buying the Globe/RíRá. He continued running the premises under an agreement with receiver Tom Kavanagh who was appointed by Ulster Bank over the Read company which owned it, Pub Pool Ltd.
Contract
Mr Doyle and Globe brought a High Court action against Pub Pool, the receiver and Ulster Bank seeking an order they specifically perform a contract to sell the property to him and Globe.
The High Court had in February 2015 dismissed the claim after finding there was no enforceable contract with both Ulster Bank and the receiver. Mr Doyle and Globe appealed, arguing the High Court erred in finding there was justification for dismissal of their claim arising from their failure to identify the person against whom the order for specific performance was sought. The defendants denied their claims.
Ms Justice Mary Finlay Geoghegan, on behalf of a three-judge Court of Appeal, dismissed the appeal. The High Court was correct in finding no concluded contract came into being between the bank and Mr Doyle for sale of the pub/club, the judge said.