THE OPERATORS of a restaurant outlet at the Brown Thomas store in Dublin are seeking a High Court injunction to prevent the store owners terminating their contract.
Relax Food Corporation Ltd, with registered offices at the Hawthorns, Castleknock, Dublin, is seeking to restrain Brown Thomas and Co Ltd, Grafton Street, Dublin, from any early termination of a five-year agreement entered into by the parties in March 2005 for the operation of the third-floor restaurant.
They also want an order restraining Brown Thomas from appointing anyone else to operate the restaurant. Relax claims Brown Thomas has given it three months’ notice of the termination and this was not in accordance with that agreement.
Ms Justice Mary Laffoy was told by counsel for Brown Thomas yesterday that the company would be applying to have the matter transferred to the Commercial Court.
Gary McCarthy, for Relax, said the case may not meet the first requirement for admission to the Commercial Court – that cases should relate to disputes valued at €1 million or more. This dispute was over a contract which had one more year to run, he said.
Gareth Compton, for Brown Thomas, said a transfer to the Commercial Court would mean the entire case could be dealt with in two days when an injunction alone would take a day to hear.
Ms Justice Laffoy adjourned the case for two weeks.