Former golf club owners restrained from building fence
Couple planned to block access to fairways ahead of Ladies Senior Cup in Mount Wolseley
The all-Ireland Ladies Senior Cup final is due to be held at Mount Wolseley Hotel Golf and Country Club next week.
Donal and Breda Morrissey, former owners of Mount Wolseley Hotel Golf and Country Club in Co Carlow, have been restrained by the High Court from building a fence across the first and second fairways just days before a major golf tournament.
Barrister Eoghan Cole, counsel for the hotel and golf complex and new owners Lismard Properties and Enterprises, told Mr Justice Garrett Sheehan that the all-Ireland Ladies Senior Cup final was being held on the course beginning next Thursday.
He said following the outcome of a very acrimonious examinership, which rejected a refinancing plan by the Morriseys , the new owners had learned that the couple, who live in Mount Wolseley House on the grounds, planned to build a fence along their driveway to the road which would block out two fairways.
Mr Cole said it was believed the couple had a contractor ready to begin construction of the high fence on Monday morning, when essential preparations for the prestigious golf tournament would also begin. He told the court the defendants, a married couple, lived in their family home which was surrounded by the golf course.
Their driveway led across two fairways to the roadway and construction of the proposed fence would block them off from the tees. Mr Cole said the plaintiff companies had bought up the business and control of the hotel and golf club in fresh investments under the examinership.
Following the examinership the Morrisseys had built a fence around their family home and gardens. The new owners of the hotel and golf course anticipated work on fencing off the 500 metredriveway to Mount Wolseley House and the two fairways would start on Monday morning.
“The conduct of the defendants during the examinership gives rise to fears that because of grievances the erection of the fence will go ahead,” Mr Cole said. “We are seeking an interim injunction restraining them so that the golf event can go ahead without obstruction.”
The court heard that during the examinership, brought about by the Morrisseys themselves, an offer by Mr Morrissey to invest new funds into the hotel and complex had been rejected by the High Court. Mr Cole said there was no question of damages being an adequate remedy to the hotel and golf complex and the golf event organisers.
Mr Morrissey was highly indebted to the Bank of Ireland and the only asset of Mrs Morrissey was the family home. Judge Sheehan granted the hotel and golf club and their new owners an injunction until August 18th, restraining the Morrisseys from interfering with the lawful use of the golf course. He granted the Morrisseys liberty on 24 hour notice to apply to the court.