The Campbell Bewley Group Ltd (CBG) yesterday opposed a High Court application for an order restraining the carrying out of works - except under the terms of a lease granted in 1987 - on the site of Bewley's cafe at Grafton Street, Dublin.
The application for the order was made by the owners of the site, Ickendel Ltd, which was granted a temporary injunction on April 29th last restraining CBG and all persons with notice of it from carrying out any works to the Bewley premises at 78/79 Grafton Street and 2, 3, and 4 Johnson's Court, other than in compliance with a lease dated September 22nd, 1987, made between Royal Insurance plc, Bewley's Cafes Ltd and Campbell Catering Ltd.
It is alleged by Ickendel, which owns the premises, that they are a protected structure and that the works being carried out require planning permission which, it is submitted, had not been obtained. CBG submitted that a report from Dublin City Council confirmed that the works did not require planning permission.
CBG chairman John Cahill, in an affidavit yesterday, said Ickendel Ltd, through another corporate vehicle, Treasury Holdings, had offered CBG €6 million for the lease. The offer was rejected by CBG. Mr Cahill said the new cafe venture which CBG proposed to operate from the premises was at a very advanced stage. He added that CBG had entered into contracts with third parties which would be severely impacted upon if injunctions were granted to stop the work.
John Bruder, property manager, Ickendel Ltd, in an affidavit, said he had never encountered a situation such as the present where a tenant had undertaken such extensive works without seeking landlord's consent. It was incorrect to state that Ickendel intentionally delayed bringing the court application in order to cause maximum financial loss to CBG. Ickendel was entitled to protect its interest in a very valuable investment property.
The hearing, before Miss Justice Mella Carroll, continues today.