A CORK business woman who owns a fruit and vegetable shop will go to jail in the new year, if she continues to refuse to sign a settlement agreed last year in the High Court.
Ms Mary Corrigan of Fruit Retailers of Ireland, which trades as Superfruit in the Douglas Shopping Centre, agreed to a licence agreement with Riva Ltd, owners of the centre. Under the terms, she agreed not to display her goods four feet outside the boundary of her premises, on a walkway area.
Mr David Browne, solicitor for Riva, in an affidavit, told Judge Patrick Moran in the Cork Circuit Court that Mrs Corrigan, from Rochestown Road, refused to sign the agreement. Her husband Michael, a co-director of the company, had signed.
"She continues to display goods in a fashion as to block 50 per cent of the walkway," said Mr Browne.
Mrs Corrigan said she had agreed to sign the settlement on condition that all other businesses in the centre could not display their products four feet over their boundaries.
Quinnsworth had set up a big flower shop which came out over 20 feet from its premises. She was finding it difficult to sell her flowers because of it and she had been in the business before it.
Judge Moran offered his sympathy but said he had to adhere to the legal situation, which was that an agreement had to be signed. The litigation had taken a number of days in his court and went to appeal in the High Court, after which it was believed the matter was finalised.
"The court cannot tell the owners of the centre what to do with Quinnsworth. This is a matter that you will have to take up with them.
"They are offering you the facility of displaying your goods four feet out from your premises and I cannot tell Riva, which is O'Callaghan Properties under another guise, how to run their business," said Judge Moran.
"I would advise you to get on with your business and forget about all this litigation," he said.
Mr Sean O'Leary BL, for Riva said his client did not want to see Mrs Corrigan going to prison but it had done everything it could. The settlement document had been sealed by her company and Mr Corrigan had signed it.
"My clients have no personal interest in the affair of the Corrigans who are tenants of good standing. I have no desire to force her to prison but I have to ask for an order from the court."
Judge Moran granted an order directing the assets of Superfruit be sequestrated because of its failure to specifically perform the licence agreement, which was the subject of the settlement in the High Court, and he directed that Mrs Corrigan be committed to prison because of her refusal to comply with a High Court order.
He appointed Mr Browne as sequestrator and he put a stay on the orders, on the application of barrister Mr Jim Duggan, until January 10th.
Judge Moran also granted an order restraining Mrs Corrigan from displaying goods more than four feet from the boundary. This order has immediate effect.