‘Stand-off’ at restaurant leads to High Court action

Row developed between restaurant operator and agents for the owners

The Gables restaurant and wine bar on Torquay Road, Foxrock:  “closed until further notice”. Photograph: Eric Luke/The Irish Times

The Gables restaurant and wine bar on Torquay Road, Foxrock: “closed until further notice”. Photograph: Eric Luke/The Irish Times

Wed, Jul 9, 2014, 01:00

A “tense stand-off” has developed between the operators of a south Dublin restaurant and agents for the owners who want to retake possession of the premises, the High Court was told yesterday.

Mr Justice Paul Gilligan was told John and James McCabe, directors of the company operating The Gables restaurant and wine bar on Torquay Road, Foxrock, have been involved since early yesterday in a stand-off with agents of the owner of the property.

The McCabes are directors of McCabes Wine Warehouse Ltd which has run a restaurant and wine shop at the premises under lease since 2001. The owner, Daphne Kaye, acquired the property in 1999.

Matthew Jolley, for Ms Kaye, said agents for his client took possession and changed locks after the company failed to pay rent arrears of about €370,000 dating back to 2007. A notice of forfeiture of the lease was served on the company in mid-June.

Shortly after Ms Kaye’s agents took possession, the McCabes and five men arrived, he said. The rear door of the premises was forced open and damaged.

Mr Jolley said gardaí were called but the two McCabes and an employee of the restaurant had remained on the premises in what was “a tense stand-off” with Ms Kaye’s agents.

Ms Kaye alleged the McCabes were trespassing, he added. They had refused to leave the premises and had asked for three weeks to put the company’s affairs in order, but that was not acceptable to Ms Kaye who had obligations in respect of the property to a third party.

Ms Kaye has initiated proceedings aimed at having the McCabes vacate the premises. At the High Court yesterday, Mr Justice Gilligan granted the application by Ms Kaye, Tanglewood, Gordon Avenue, Foxrock permission to serve short service of proceedings against McCabes Wine Warehouse Ltd. Leave was granted on an ex-parte basis (one side only represented).

The judge said he would not grant an injunction until he had heard the McCabes’ version of events and returned the matter to today.

A sign posted outside the premises yesterday informed patrons that the restaurant, wine bar and off-licence was “closed until further notice”.