Courts / Westmeath / Report

Antiques business seeks to block sale of property it operates from

Summary

Mullingar Salesroom Limited, along with joint property owners Michael Lynn and Eileen Lynn, launched High Court proceedings to prevent a receiver from selling their premises at Lynn Industrial Estate in Mullingar, Co Westmeath. The applicants, represented by Gerard Martin Byrne BL, sought to block an online auction initiated by Promontoria (Oyster) Designated Activity Company and receiver Tom O'Brien of Mazars Ireland. The company, which has operated from the site for over 20 years, claims the property is subject to a 35-year lease agreement entered into in 2015. Mr Lynn, a director of the company, alleged that while he fell behind on loan repayments following a 2011 bereavement and economic downturn, Promontoria accepted rent payments between 2017 and 2020. The applicants contend that the receiver does not hold a power of sale and that the property was incorrectly advertised as occupied under unknown terms. They also claimed an attempt was made in March to forcibly take possession. The High Court initially granted a temporary injunction restraining the defendants from selling the property. When the matter was mentioned before Mr Justice Mark Sanfey on Wednesday, the court was informed that by agreement, the injunction could be replaced with an undertaking in the same terms offered by the defendants. The applicants also seek declarations confirming the company's status as a lawful tenant and the Lynns as lawful landlords. The matter was adjourned to a date next month.

Who, what, where, when and why

What: Report matter: Antiques business seeks to block sale of property it operates from. Procedural stage: hearing_or_decision

When:

• 2008 and 2011 Other
• 2017 and 2020 Other
• 2023-11-22 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report