£2m sought to buy out rent of stadium

Pembroke Estate Holdings Ltd of Dublin is seeking £2 million from Shelbourne Greyhound Stadium Ltd to buy out the ground rent…

Pembroke Estate Holdings Ltd of Dublin is seeking £2 million from Shelbourne Greyhound Stadium Ltd to buy out the ground rent of the complex.

Judge Elizabeth Dunne was told in the Circuit Civil Court yesterday that the return being sought on appeal by Pembroke Estate Holdings Ltd was more than 13 times the figure awarded to them by the County Registrar in an arbitration under landlord and tenant legislation.

Mr Aongus O Brolchain SC, for the dogtrack company, said before the County Registrar the landlo rds had sought £72,000 in compensation for the ground rent of 3.5 acres on which the stadium, offices, kennels and car parks stood.

He said initially his clients opposed this figure but had withdrawn their opposition before the County Registrar, who then awarded the landlords the £72,000 they sought.

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Mr O Brolchain told Judge Dunne that Pembroke Estate Holdings sought substantially more for a 5.5 acre area encompassing the track arena and another car park.

The County Registrar valued the freehold at £78,000. He said the landlords were appealing the overall £150,000 award to the Circuit Court and were seeking an overall valuation of £2 million.

The track company was objecting to the landlords seeking to appeal what was their own valuation of £72,000 for the 3.5 acre site. Mr John Farrell SC, counsel for Pembroke Estate Holdings, said the complex ground rent compensation was being appealed.

While the landlords would concede the tenant applicant had a right under the landlord and tenant legislation to buy the freehold of the area, they wished to appeal the £72,000 figure. Mr Farrell, said that with regard to the 5.5 acre area the landlords sought to appeal both the track company's claimed entitlement to acquire the freehold on the grounds it was subsidiary and ancillary and, if so held, the valuation which the County Registrar had placed on it.

Judge Dunne said that while it appeared a complete re-hearing was sought by the landlords she was unable to make an order to amend the notice unless by consent.

Since such consent was not forthcoming she granted Pembroke Estate Holdings leave to bring a motion seeking permission to make such amendments.