Case No. 1249Breach of contract (rent arrears, lease dispute) · Co. Dublin
Liffey Valley Shopping Centre landlord wins €276,000 rent arrears judgment against restaurant tenant
The High Court granted judgment for €276,041 in rent arrears to BVK Elektra 2 Liffey Phase 1 ICAV, the landlord of a restaurant unit in Liffey Valley Shopping Centre, Dublin, ruling that the landlord's insurance obligation under the lease did not extend to business interruption caused by Covid pandemic restrictions.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court24 Jul
4 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports36 statements extracted from the articles
- whatThe victim was a vulnerable teenager who had recently left State care (irishtimes.com)
- whatThe men lured the victim in a car to a remote location despite her saying she did not want to have sex (irishtimes.com)
- whatThe victim was described as a very vulnerable woman addicted to tablets (irishtimes.com)
- whatElite argued the rent arrears were related to trading difficulties during the Covid restrictions. (irishtimes.com)
- whatAishwawrah lost a €60,000 personal injury claim (irishtimes.com)
- whatThe crash was a rear-ending collision (irishtimes.com)
- whatAishwawrah was driving with his wife and young daughter in the car (irishtimes.com)
- whatAishwawrah suffered a head injury with concussion and injuries to his left shoulder, neck and lower back (irishtimes.com)
- whatAishwawrah murdered his 42-year-old wife Zeinat Bashabsheh by stabbing her 14 times (irishtimes.com)
- whatAishwawrah claimed his wife had an affair (irishtimes.com)
- whatAishwawrah had concealed mental health issues he suffered from for years before the crash (irishtimes.com)
- whatJudge O'Sullivan found Aishwawrah had not proved on the balance of probabilities that the crash occurred as he described (irishtimes.com)
- whereThe rape took place at Bull Island, Dollymount, Dublin (irishtimes.com)
- whereThe restaurant unit was located in the Liffey Valley Shopping Centre in Dublin. (irishtimes.com)
- whereAishwawrah lives at Park Na Sillogue Court, Enniskerry (irishtimes.com)
- whereThe crash occurred on Mount Street Bridge, Dublin (irishtimes.com)
- whereAishwawrah was in Mountjoy Prison at the time of the hearing (irishtimes.com)
- whereThe murder occurred in the kitchen of their Co Wicklow home (irishtimes.com)
- whenThe incident occurred on 5 January 2016 (irishtimes.com)
- whenThe crash occurred in February 2019 (irishtimes.com)
- whenThe murder occurred on Christmas Eve 2021 (irishtimes.com)
- courtThe convictions were delivered in 2022 at the Central Criminal Court following a second trial (irishtimes.com)
- courtThe first trial in 2020 ended with a hung jury (irishtimes.com)
- courtThe Court of Appeal reserved its judgment to a later date (irishtimes.com)
- courtThe Supreme Court ruled the case may proceed without PIAB approval (irishtimes.com)
- courtThe Circuit Court and High Court dismissed Mr Dillon's case as frivolous, vexatious or bound to fail (irishtimes.com)
- courtThe High Court rejected a claim by Elite Gastrobars Ltd regarding the landlord's insurance obligation. (irishtimes.com)
- courtThe judge granted judgment for €276,041 in favour of BVK Elektra 2 Liffey Phase 1 ICAV. (irishtimes.com)
- courtThe case was adjourned to October for final orders and cost matters. (irishtimes.com)
- courtMatthew Jolley was counsel for Liberty Insurance (irishtimes.com)
- courtBarrister David McParland was counsel for Aishwawrah (irishtimes.com)
- sentenceGenockey was sentenced to nine years in prison (irishtimes.com)
- sentenceRooney was sentenced to ten years in prison (irishtimes.com)
- sentenceTroy Ryan was sentenced to nine and a half years (irishtimes.com)
- otherGenockey was advised by his father not to mention his consent defence to gardaí (irishtimes.com)
- otherThe case was also brought against Bunker Estates Ltd, the guarantor in the lease, which has since been dissolved. (irishtimes.com)
The reporting
newest first- 24 Jul2025Confessed murderer fails in personal injury claim over road traffic crash
First report of the Circuit Civil Court dismissal of Aishwawrah's personal injury claim; also provides background on his 2021 murder conviction.
convicted, Bahaalddin Aishwawrah, 45, male, named, non-irish (judged from name)Bahaalddin Aishwawrahsuspect, male, irish (judged from name) - 24 Jul2025Liffey Valley Shopping Centre landlord not required to have Covid cover for tenant, court rules
High Court rules landlord not required to have business interruption insurance covering Covid closures; summary judgment granted for €276,041 rent arrears; case adjourned to October for final orders and costs.
- 24 Jul2025Data breach ‘distress’ case does not need personal injuries board approval, Supreme Court rules
Supreme Court ruling clarifying that claims for emotional disturbances short of a recognised psychiatric disorder do not require PIAB authorization when brought under the Data Protection Act 2018.
victim, Patrick Dillon, male, irish (judged from name)Patrick Dillon - 24 Jul2025‘Honest belief’ of consent raised in pair’s appeals against convictions for rape of vulnerable teenager
Details of the Court of Appeal hearing where Genockey and Rooney argued the trial judge should have directed the jury on their 'honest belief' of consent; the three-judge court reserved its judgment.
victim, teenager, femaleaccused, Dion Genockey, 26, male, named, non-irish (judged from name)Dion Genockeyaccused, Daryl Rooney, 27, male, named, irish (judged from name)Daryl Rooneyaccused, Troy Ryan, male, named, irish (judged from name)Troy Ryan