A company that specialises in cleaning up oil spills has secured a temporary freezing type order against a couple it claims owes it over €140,000 for works it carried out.
The Mareva type freezing order was obtained by Microclean Environmental Ltd against company directors Gal and Orit Brahami.
The company alleges the defendants are attempting to move their assets outside of the jurisdiction in an attempt to avoid paying the company the €147,000 it claims they owe it for a clean-up around a Dublin 4 property they had owned in 2016.
Arising out of the company’s claims, the High Court granted it a temporary injunction, preventing the couple from dissipating or reducing their assets below a value of €147,000.
The interim freezing order was granted on an ex parte basis (only the plaintiff firm was represented) by Mr Justice Brian O’Moore.
Seeking the order, the company claims that in 2016 the couple, with an address of Waterfall Road, Raheny, Dublin 5, contracted Microclean to investigate and remediate a significant oil spill at a property the Brahami’s had recently acquired at Percy Lane, Ballsbridge, Dublin 4.
The company claims the works it carried out on behalf of the couple cost a total of €192,000 and that €147,000 remains outstanding.
The company said that it has agreed with the defendants that the balance would be paid after the Brahamis had concluded their negligence claim against the party responsible for the oil spill.
That legal action, it is alleged, has been resolved and currently stands adjourned to a date in July to allow for the implementation of the settlement agreement.
Microclean says that despite the settlement and having waited 5 years to get paid for their work, it has not been paid the balance of what is owed to it by the couple.
It claims the couple does not intend to pay what is owed.
It has commenced proceedings where it seeks to recover what is allegedly due.
Microclean says it is concerned that money paid to the couple as part of the settlement will be removed from the jurisdiction by them and that it will not recover any of what it is owed.
The company claims the property where the clean-up occurred was sold last year. It also claims that published accounts from the defendants’ trading company showed a loss of €500,000 for the year 2020.
It also alleged that the couple is relocating their nail salon business outside of the state as they incorporated an identically-named trading company with an address registered in Belfast.
Microclean also suspects the couple is living outside the jurisdiction in either Northern Ireland or Spain.
Arising out of fears the couple will not pay Microclean the balance of what is due and owing to it, in breach of the agreement entered into by the parties, the company has launched High Court proceedings where it seeks the freezing order, and a judgment for €147,000 against the couple.
The matter will return before the court next week.
