A resolution has been reached in proceedings brought by a Dublin city centre-based arcade and casino seeking the return of assets including a large digger, several gaming machines, trucks, shrubs, bags of stone and a helicopter.
Earlier this month, Dublin Pool and Jukebox Limited, which owns and operates Dr Quirkey’s Good Time Emporium on O’Connell Street. launched a High Court action seeking orders against several parties, including Raparee Developments Ltd, with a registered address in Kilkenny city.
The action was also against Colette Lawrence of Ballintemple, Dundrum, Co Tipperary, who is a director of the company, as well as Josephine Alley and her son Frank , of Ward Park, Dundrum, Co Tipperary.
The plaintiff had sought various orders including an injunction requiring the defendants to deliver up the assets.
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When the matter returned before the High Court on Tuesday, Niall Buckley BL, for the plaintiff, told Mr Justice Brian O’Moore the assets have all been recovered.
As a result, counsel said, the injunction application could be struck out against all of the defendants . Counsel said the full action could be struck out against all of the defendants except for Raparee Developments Ltd.
The assets include a Bell 222 helicopter, a DAF lorry, a seven-tonne Daewoo Digger, nine-tonne Neuson dumper, as well as air hockey and basketball gaming machines and three Teddy Crane gaming machines.
The plaintiff had claimed the assets were in the possession of Raparee since 2020/21, on properties in Co Tipperary owned by Josephine Alley.
The plaintiff claims that central to its action was its former employee, Bobby Alley, who it was alleged was responsible for the assets being in Raparee’s custody.
While he is not a defendant in the action, it is claimed that he is a former director of Raparee, the ex-husband of Ms Lawrence, the son of Josephine Alley and a brother of Frank Alley.
The company said it believed that the assets were being stored at its own facilities in Co Tipperary.
It said that it never heard of Raperee until it was contacted by lawyers representing Mr Bobby Alley in 2021 which alleged that it owed Raperee over €60,000 in storage fees.
The plaintiff rejects that claim and that there ever was any arrangement to store the assets.
In June, it received correspondence from Raparee and Ms Lawrence accepting that the assets belong to Dublin Pool and Jukebox.
The correspondence also stated that Mr Bobby Alley had “coerced” his former wife to use Raparee and he allegedly had created an improper invoice from that firm alleging that money was due and owing to the plaintiff, when no money were ever due.
Following that correspondence, the plaintiff sought to recover its assets from Josephine and Frank Alley, who has asserted that he represents his mother’s interests in this matter.
That consent has not been provided, the plaintiff claims.
The plaintiff said a contractor it employed to collect the goods was denied access to the assets.
This resulted in the plaintiff bringing proceedings against the defendants.