Appeal court upholds order preventing pursuit of Dublin media park venture without alleged partners via IrishTimesBiz
The order, to last until the full court dispute resolves, was secured last May by Carlin and Tyrone McKillen’s Plus Development LLC, a real estate firm based in Los Angeles, and Cooper Plus Holdings Limited, a financing vehicle of Los Angeles entrepreneurs Matthew and David Cooper.
The case centres on a clause in a memorandum of understanding, entered into by the three firms in June 2020, which the plaintiff companies allege states they “specifically agree that none of them will seek to pursue the project without the others” unless the others voluntarily agree to withdraw. In the Court of Appeal ruling on Monday, Mr Justice Noonan said it is “at a minimum arguable” that the memorandum did not simply expire due to the failure to agree operating/shareholder terms.He said the plaintiffs seek to prevent their exclusion from the project, but they are not attempting to interfere with the plaintiff’s negotiations to acquire the Clondalkin site from South Dublin County Council.
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