Businessman granted interim injunction in lock-out case
Judge rules that James Reilly must be given keys to Dublin industrial estate
The Four Courts: Judge grants interim injunction restraining Tierney Kitchens from locking James Reilly’s company out of estate. Photograph: Bryan O’Brien
A businessman who claims his company has been locked out of an industrial estate has Wednesday been granted interim injunctions restraining the lock-out and directing that he be provided with a set of keys by close of business tomorrow.
James Reilly, of James Reilly Limited, Chapel Street, Balbriggan, Co Dublin, is suing Tierney Kitchens Retail Limited Stephenstown Industrial Estate, Balbriggan.
Reilly alleges that he has been locked out of a unit he was renting in the industrial estate which has been sold in its entirety by a receiver and purchased by Tierney Kitchens Retail.
He claims he had an agreement with Lee Tierney of the defendant company to purchase the unit for €82,000 and alleges in Circuit Civil Court proceedings that Tierney reneged on the deal.
Barrister Martin Canny, counsel for Reilly, told Judge Cormac Quinn in the Circuit Civil court that his client had sought a meeting with Tierney who had refused to meet him.
Mr Canny, who appeared with Crowley Millar Solicitors, told the court that Tierney Kitchens had never formally confirmed it had purchased the unit nor had it issued any invoice outlining any sum of rent allegedly due.
He said that on August 23rd last employees of James Reilly Limited found that a new lock had been placed on the entrance to Stephenstown Industrial Estate and were unable to access the unit.
In overall proceedings taken against Tierney Kitchens by Reilly he seeks an order restoring his company to possession of the unit and a declaration that a tenancy he had on the unit has not been terminated.
Judge Quinn granted Reilly an interim injunction until the hearing of interlocutory proceedings restraining Tierney Kitchens from locking Reilly’s company out of the industrial estate and directed that he be supplied with keys to the estate.
The application, which was brought ex parte in the absence of the defendant, was adjourned.