A dispute between Irish Shell and two businessmen who claim they have successfully operated two petrol stations for the company under licence has been settled, the High Court was told yesterday.
Irish Shell submitted it owned the Autobahn Self-Serve Station, Glasnevin Avenue, Dublin, operated by Crean Associates Ltd, of which Mr Michael Crean is managing director, and another station at Donaghmede Shopping Centre, Dublin, operated by Gustbury Ltd, of which Mr Paul Crean is managing director.
In November last, the High Court refused to grant orders to Irish Shell, to continue until the hearing of the full action, directing the defendants to deliver vacant possession of both sites.
The full hearing of the action opened on Tuesday and was due to last for four days. However, following lengthy discussions between lawyers for the sides yesterday, Miss Justice Carroll was told in the late afternoon the action had been settled.
The defence had denied the licences had expired. It was also pleaded the Crean brothers had a legitimate expectation that the licences would be renewed until both were 65.
Mr Padraig McCartan SC, for the defence, said the agreement included a requirement that he read out certain terms in court.
Under the terms, Crean Associates undertook to the court that it will vacate and deliver up possession of the Autobahn site to Irish Shell on or before August 7th next. Gustbury Ltd undertook to the court that it would vacate and deliver up possession to Irish Shell of the Donaghmede site on or before the same date.
Under the settlement, Crean Associates Ltd, Gustbury Ltd and Michael and Paul Crean acknowledged that none of them has had any right to renewal of licences issued in respect of the sites until Michael and Paul Crean reach the age of 65.
The settlement terms added: "Crean Associates Ltd and Gustbury Ltd hereby withdraw the allegations made against Irish Shell that Irish Shell conducted its relationships with a `big brother' attitude towards Gustbury Ltd and/or Crean Associates Ltd."
Mr Rory Brady SC, for Irish Shell, consented. Miss Justice Carroll said the consent terms should be handed in to court by 11 a.m. today.