Courts / Cavan / Report

Woman tells High Court home has become 'living hell' due to excess noise

Summary

In High Court proceedings, applicant Ita Madden, of Viginia House, Lough Gowna, Co Cavan, brought an action against Xtrupak Limited and directors Darragh Reilly, John Reilly Snr, Christine Reilly, and John M Reilly. Ms Madden alleged that excessive noise and air pollution from the defendants' manufacturing facility, located at Lough View, Lough Gowna, had severely disrupted her family's health and living conditions. She claimed the noise levels exceeded planning permission conditions following an operational expansion in January of this year. Ms Madden sought an injunction restraining the company from commercial activity until specific modifications were completed. The defendants, represented by Daniel McNamara BL, stated they were prepared to contest the application but preferred to reach an arrangement. Counsel noted that granting the injunction would risk the jobs of over 44 employees. The defendants proposed offering accommodation to Ms Madden while noise alleviation works, expected to take several weeks, were completed. Ms Madden, who represented herself, requested time to consider the proposal and to seek legal representation. Mr Justice Brian O'Moore adjourned the matter to a date later this month, encouraging the parties to continue seeking a resolution.

Who, what, where, when and why

What: Report matter: Woman tells High Court home has become 'living hell' due to excess noise. Procedural stage: hearing_or_decision

When:

• 2023-07-11 Publication

Why: Ms Madden, who previously obtained permission from the High Court to serve short notice of her injunction application against the company and its directors, has sought the order because of the levels of noise and air pollution she claims are being generated by the defendants' premises. CNI source report

Case subjects

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Topics

Stage Hearing Or Decision

Read the original CNI report