An order preventing a Co Wicklow undertaker from using a hearse, 11 coffins and other funeral material was issued by the High Court yesterday.
The court granted the order after being told the hearse, coffins and other funeral "accoutrements" were removed from another undertaker's premises in Naas last weekend after discussions to buy the business failed to reach agreement.
The owners, Mr John Dunne and Mr Desmond Healy, partners in Murphy Brothers undertakers, Church Lane, Naas, were granted temporary orders, effective until Monday, stopping Mr Noel Hughes, of J.& H.Hughes, undertakers, Blessington, Co Wicklow, from using the goods in the course of his business.
Mr Dominick Hussey, for the plaintiffs, told Mr Justice O'Sullivan that his clients had been in negotiations until Friday last with Mr Hughes for him to take over the business. No agreement was reached.
On Friday night, it seemed, Mr Hughes had contacted an employee of the plaintiff firm saying he would be along on Saturday to collect the hearse, coffins and other funeral accoutrements.
Counsel added that Mr Hughes had also put a notice outside the business saying it had moved to another address in Naas. He had wrongly told the employee he had taken over the business.
Mr Justice O'Sullivan granted a temporary injunction preventing Mr Hughes from using the name and goodwill and goods and chattels of the plaintiffs in the course of his business or holding himself out as owner of the business.
An interim order was also granted restraining the defendant from publishing or posting any notice to the effect that the plaintiffs' business had ceased and been moved to the defendant.
The judge gave leave to the plaintiffs to seek a further order on Monday for Mr Hughes to return the hearse, coffins, wreaths, habits, trestles and other items.