An action for damages over the termination of an agreement under which Gael-Linn held fundraising bingo nights at a Dublin cinema for more than 20 years has opened at the High Court.
Gael-Linn, a registered charity with offices at Merrion Square, claims that the company from which it rented the former Apollo Cinema at Sundrive Road, Kimmage, purported to terminate the agreement and changed the building's locks in September 1998.
The Kilmainham Cinema Company Ltd, owner of the Apollo, acknowledges that it took possession of the building, but says it did so only after serving a notice of termination of the agreement.
In the High Court last September Gael-Linn was granted an injunction allowing it to remain at the Apollo pending the hearing of the action between the parties.
Yesterday Mr Hugh O'Neill SC, for Gael-Linn, told Mr Justice O'Donovan that the issue in dispute concerned the type of commercial arrangement. His client insisted that the relationship was that of landlord and tenant, whereas Kilmainham Cinema alleged it was between a licensor and licensee.
In addition to damages for breach of contract, Gael-Linn is seeking a declaration that its lease or periodic tenancy remains and that it is entitled to possession of the Apollo as tenant to the defendant company. It wants the court to declare that it is entitled to a new tenancy under the Landlord and Tenant (Amendment) Act, 1980, and is entitled to remain in the Apollo pending the determination of its entitlement and the fixing of new tenancy terms.
Kilmainham Cinema, represented by Mr Michael McDowell SC, claims that the arrangement was in the nature of a licence agreement. It denies that Gael-Linn had a lessee's interest in the Apollo property and further denies Gael-Linn's claim to an entitlement to remain in possession pending determination of an application for a new tenancy.
In a counterclaim, Kilmainham Cinema is also seeking damages from Gael-Linn.
The hearing continues today.