Forklift company halts High Court action over access to premises

A forklift company is not continuing with its High Court action against the landlord of a premises it had been using for several years. The decision to discontinue came after the sides failed to reach agreement over leasing of the property.

Masterlift Ireland Ltd got temporary injunctions last January preventing Royal Goldstein III Ltd (RGL) interfering with Masterlift's access to a property in Greenogue Business Park, Rathcoole, Co Dublin.

Masterlift claimed it had been locked out of the property.

RGL opposed the application and had denied any wrongdoing.

On Thursday, Mr Justice Paul Gilligan was told the action was no longer proceeding after settlement talks between the parties failed to resolve the dispute. The case had been adjourned on a number of occasions to facilitate the talks.

Mel Christle SC, for RGL, said Masterlift had “walked away from the premises” and handed over the keys, plus a reading from the ESB meter, to his client.

Counsel said the matter, which began on January 13th last, had been “a nightmare” for RGL. Now it was being discontinued, his side were looking for its legal costs of the action.

Costs

Liam Bell, for Masterlift, opposed the costs application. He confirmed the proceedings were being discontinued following failure to agree a lease with RGL.

Mr Justice Gilligan said RGL was entitled to its costs and also directed Masterlift serve a notice of discontinuance of the proceedings.

In its action, Masterlift, which employs 35 people in the sale and supply of forklift trucks, claimed it had since 2008 been using the 60,000sq ft unit for storage as well as using its parking space.

It sought injunctions last January after claiming it was locked out of the premises without any prior notice.

Masterlift claimed the property formed “an integral part” of its operations and the alleged lockout caused “very substantial disruption” to its business.

The court heard the premises was placed in receivership some years ago after loans advanced by Ulster Bank to develop the units were sold.