Company granted interim injunction to end lockout from premises

A forklift company locked out of a property used for its business after a fund took over its loans has secured a temporary High Court order allowing it back into the property.

Mr Justice Paul Gilligan granted the injunction to Masterlift Ireland Ltd after being told the firm was locked out of a premises at Greenogue Business Park, Rathcoole, Co Dublin, last Tuesday evening by the unit's new owners, Royal Goldstein III Ltd (RGL) with registered offices at Fitzwilliam Square.

No prior notice was given to Masterlift before the locks were changed, the judge was told.

Masterlift, involved in the sale and supply of forklift trucks for many years, employs 35 people and says it has been using the 60,000sq ft unit and parking outside the building on foot of a lease since 2008.

The property forms an “integral part” of its operations and the lockout has caused “very substantial disruption” to its business, it said.

Receivership

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

Seeking the injunction ex parte (one side only represented), Liam Bell, for Masterlift, said the company's managing director, Dermot Carroll, had last Tuesday evening received a telephone call from a person purporting to be a servant of RGL informing him the locks of the unit had been changed.

Mr Carroll was also told by the caller Masterlift had no lease over the unit. He had subsequently received letters from RGL’s solicitors informing him Masterlift had been parking vehicles on RGL’s property and that was interfering with their access.

RGL had also threatened to clamp any vehicles belonging to Masterlift parked outside the unit and charge a release fee of €1,000, counsel said.

Mr Carroll said in a sworn statement RGL had threatened to dispose of property that was in the unit unless it was removed. That property belonged to Masterlift and was essential to its business, he said.

A large van had also been parked by the defendants in a position to block access to the unit’s entrance, Mr Carroll said.

He was happy to negotiate with the defendant in relation to market rent for the premises but had come to court to stop an interference with his business, Mr Carroll said.

When asked by Mr Justice Gilligan what type of company is the defendant, counsel said he was not sure but believed it could be “some sort of a vulture fund”.

Mr Justice Gilligan said he was satisfied to grant interim injunctions allowing Masterlift back into the premises and preventing RGL denying Masterlift access to the unit or changing locks at the property. The defendants are further prevented selling any property in the premises or interfering with cars parked near the business unit.

The orders were returned to Tuesday.