Business

Transport company loses bid for orders against neighbour

Judge says this is a dispute that would have to be resolved at a full hearing before the court

The Four Courts: A transport company has lost its High Court bid for an injunction against a neighbouring landowner which is alleged to have blocked off a right of access to its property.

Aodhan O'Faolain
Thu Dec 21 2023 - 16:57

A transport company has lost its High Court bid for an injunction against a neighbouring landowner which is alleged to have blocked off a right of access to its property.

Smullen Logistic Solutions Ltd had sought an order against property fund Goldstein Property ICAV for allegedly locking a gate providing access to the Smullen container storage site at Newhall, Naas, Co Kildare.

The defendant opposed the application and urged the court not to grant an injunction, which would remain in place pending the outcome of a full hearing of the dispute.

In his ruling on Thursday, Mr Justice David Nolan said the court was not granting the plaintiff injunctions to require the removal of the lock from the gate and to prevent Goldstein from obstructing access to a roadway to the Smullen land.

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The judge said this was a dispute between two neighbours that would have to be resolved at a full hearing before the court.

The judge was of the view that an award of damages would be an adequate remedy for the dispute, and therefore on that basis could not grant an injunction.

The judge also expressed his view that the application was a tactical one brought after the defendant sent letters threatening legal action against Smullen over the disputed property.

The judge also awarded the costs of the proceedings against the plaintiff and declined to put a stay on that cost order.

It is understood that the court’s decision may be appealed to the Court of Appeal.

The court heard that Smullen is involved in the logistics/transport sector providing deliveries to supermarkets, such as Aldi and Lidl, and employs 112 people.

It claimed that its Newhall site is used to store many of its 250 trucks and containers and that the neighbouring land owned by Goldstein is rented out to a car auction room firm.

Smullen claimed the locked-off roadway is essential for access and has been used by Smullen and the previous owners for some time.

The firm, who bought the land in recent years, claimed it had sole and exclusive use of the right of way roadway and their own road without interference until November 27th last when the defendant locked the gate.

Smullen has obtained planning permission to store refrigerated containers in a field at its site and intends to use a circular route for its vehicles to access a new storage and servicing facility in its own in-house garage.

It claimed the company is suffering an ongoing loss due to the defendant’s action.

The defendants rejected all allegations of wrongdoing made against it.

Goldstein, represented by Frederick Gilligan BL instructed by solicitor Carrie McDermott of MDM Solicitors denied any wrongdoing.

The defendant argued that there was no roadway as alleged, and provided a series of ordinance survey maps and aerial photographs to the court in support of its claims.

Counsel said that there is a dispute between the parties over the ownership of the lands, which needs to be resolved at a full hearing.

The defendant also claimed that the action was launched after his client had sent cease-and-desist letters to the plaintiff after Smullen had allegedly started bulldozing works on the disputed land.

It was also submitted that the plaintiff had alternative access routes to the road in question.

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