Contractor ends occupation of Ringsend ESB oil farm site

High Court hears dispute over payments for work at ESB Poolbeg site has been resolved

A row between the National Oil Reserves Agency and one of its contractors over the alleged unlawful occupation of a site in Ringsend, Dublin, has been resolved, the High Court has heard.

Barrister Marcus Dowling, counsel for the reserves agency, the body responsible for ensuring Ireland meets EU obligations to maintain a minimum of 90 days emergency oil stocks, had told the court the site was being unlawfully occupied over a payments-for-work-done dispute.

Last week, the reserves agency brought a High Court action against Francis Dolan Plant Limited, trading as Dolan Civil Engineering and Demolition, to get it off the ESB Oil Farm site, which is close to the Poolbeg power plant.

Trespass

The National Oil Reserves Agency had sought injunctions compelling Francis Dolan Plant to vacate the site and to remove all its equipment, machinery, plant and property.

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It had also sought orders preventing the engineering firm from trespassing on the lands, causing a nuisance at the site and from interfering with access by either blocking the roadway or gate leading on to the site.

Mr Dowling had told the court that the agency had engaged Francis Dolan Plant to carry out works on the site under a €1.9 million contract which had been terminated.

Payment claims

He told High Court President Mr Justice Peter Kelly that Dolan Plant claimed it was owed money by the National Oil Reserves Agency for work it had carried out and had occupied the site which it had no entitlement to do. The agency had wanted the site vacated for health and safety reasons and claimed there was a clause in the contract requiring disputes to be settled by arbitration.

Dolan Plant claims it was owed money for works it carried out before the contract was terminated in July and alleged there had been “radio silence” from the National Oil Reserves Agency in respect of its claims for payment.

The judge had expressed a desire for the two parties to come to “a sensible commercial resolution” of the dispute and had adjourned the case for a week.

When it was returned before Ms Justice Deirdre Murphy, the court heard the matter had been resolved and the legal proceedings could be struck out.