Two Dublin businessmen who claim they have successfully operated petrol stations for Irish Shell under licence since 1982 are resisting a High Court attempt by the company to have them leave two of its premises.
Irish Shell claims it owns the Autobahn Self Serve Station at Glasnevin Avenue, Dublin, operated by Crean Associates Ltd, of which Mr Michael Crean is managing director, and another station at Donaghmede Shopping Centre, operated by Gustbury Ltd, of which Mr Paul Crean is managing director.
Last November the High Court refused to direct the defendants to deliver vacant possession of both sites.
During that hearing Mr Michael Crean claimed that while he had been operating the Autobahn station, he had been held at gun-point and endured attacks involving shotguns, syringes and machetes. His mother, in her 70s, had also been held at gun-point on the site.
When the full hearing opened before Ms Justice Carroll yesterday Mr Rory Brady SC, for the company, said it wished to develop the Autobahn and Donaghmede stations and required vacant possession to do so.
He claimed both defendants refused to leave the sites.
In proceedings against Gust bury Ltd, with registered offices at Seapark Road, Clontarf, and Crean Associates Ltd, with registered offices at Beneavin Park, Glasnevin, Irish Shell is seeking orders directing both defendants to leave the sites.
Irish Shell claims the licences for the operation of both sites expired on September 30th last and that both defendants had been informed that it was not intended to renew the agreements.
The defendants deny the licences have expired or that they have been told they will not be renewed. Alternatively, they plead that if there is refusal to renew, that refusal is unreasonable in circumstances where they were in possession since 1982 and had a legitimate expectation that the licences would be renewed until both brothers were aged over 65.
They say the refusal to renew is unjust and unconscionable. They say Irish Shell is estopped from refusing to renew the licences because the defendants had not taken steps to secure an alternative means of livelihood because of their expectation that their licences would be renewed.
They also claim that Irish Shell had failed or refused to support them during a "price war" in the areas of both stations as a result of which their sales levels were depleted so as not truly to represent their sales throughout.
They claim this significantly affected the level of compensation to which they would otherwise be entitled.
