A company that provides transport supply services for major supermarkets has claimed in the High Court that a neighbouring landowner has blocked off its right of access to its property containing hundreds of trailers and trucks.
Smullen Logistic Solutions Ltd claims property fund Goldstein Property ICAV has locked a gate providing access to the Smullen container storage site at Newhall, Naas, Co Kildare.
On Friday, Mr Justice Conor Dignam granted Ronnie Hudson BL, instructed by Maxwell Mooney & Co Solicitors, permission to serve notice of injunction proceedings on Goldstein.
The injunctions require the removal of the lock from the gate and preventing Goldstein from obstructing access to a roadway to the Smullen land.
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Mr Hudson said Smullen is involved in the logistics/transport sector providing deliveries to supermarkets such as Aldi and Lidl. It employs 112 people,
The court application was made with only the Smullen side represented, or ex parte basis.
In an affidavit seeking the injunctions, the company owner Helen Smullen said its Newhall site is used to store many of its 250 trucks and containers.
She said the neighbouring land owned by Goldstein is rented out to a car auction room firm. The locked-off roadway is essential for access and has been used by Smullen and the previous owners since at least early to mid-2000s, she said.
Ms Smullen said her firm, who bought the land in recent years, had sole and exclusive use of the right of way roadway and their own road without interference until last November 27th when the defendant locked the gate, she said.
Smullen has obtained planning permission to store refrigerated containers in a field at its site and intends to use a circular route for its vehicles to access a new storage and servicing facility in its own in-house garage.
She claims the company is suffering an ongoing loss due to “defendant’s opportunistic ransom land grab and trespass actions”.
She also claims discharge from a pipe from the defendant’s land flowing on to the Smullen land is causing a nuisance and flooding.
In correspondence, the defendant has alleged it is Smullen who is trespassing and denies Smullen has any right of way, she said.
Goldstein has also installed a video camera overlooking the right of way which enables the defendant to wrongfully observe Smullen customers and passersby, she said.
Mr Justice Dignam said while he had concerns that this application should have been brought sooner, he also had a concern that not having access to the lands has consequences that could go beyond the interests of the parties.
The judge said the case could return to court next week.
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