Telco Three facing action after closing retail unit in The Square
Landlords seek court order to compel mobile operator to reopen the unit
The Square shopping centre in Tallaght, where the owners and operators are in dispute with Three Ireland over the closure of a retail unit. Photograph: Brenda Fitzsimons
A row has broken out between the owners and operators of The Square in Tallaght and Three Ireland over the mobile telecoms company’s decision to close one of its stores at the shopping centre.
The Square Management Ltd and Laseda Limited claim Three Ireland has breached the terms of its lease agreement after it closed one of its two stores at the south Dublin centre on August 11th last.
The application was mentioned before Mr Justice Henry Abbott at Thursday’s sitting of the High Court.
Michael Howard SC for the landlords told the court that the unit had been closed by Three without notification to his clients. Counsel said the closure was damaging for his clients and said the action was in breach of terms of a lease that it and its predecessors had entered into in the early 1990s in respect of unit 259.
Mr Howard said Three had proposed to sublet the unit and his client was not consenting to the change. The landlords are seeking orders including an injunction compelling Three to re-open the unit.
Opposing the application, Mark Sanfey SC, for Three, said the unit that had been closed was “a kiosk” and that his client’s other store in the centre was “only 30 yards away”.
Mr Sanfey said his client would continue to pay rent and any service charges due on the unit.
Mr Justice Abbott suggested they consider appointing a mediator to resolve the dispute.
Following a short adjournment to discuss matters, Mr Howard informed the judge that an application would be made to admit the case to the fast track Commercial Court list in September.