Courts / Kildare / Report
Logistics company not entitled to injunction against fund, court rules
Summary
In a High Court ruling, Smullen Logistic Solutions Ltd lost its application for an injunction against Goldstein Property ICAV regarding a disputed right of access to its Newhall, Co Kildare site. Mr Justice David Nolan refused the request, stating that damages would be an adequate remedy for the neighbourly dispute, which must be resolved at a full hearing. The judge characterised the application as tactical, noting it followed cease-and-desist letters sent by the defendant. Costs were awarded against the plaintiff, with no stay on the order. The court noted the decision may be appealed to the Court of Appeal. Smullen alleged that Goldstein locked a gate essential for its 250 trucks and containers, causing ongoing losses, while claiming exclusive use of the roadway until November 27. Goldstein denied wrongdoing, arguing no such roadway existed and presenting Ordnance Survey maps to support its position. The defendant contended the action was launched after Smullen began bulldozing works on disputed land and that alternative access routes were available. The matter remains subject to potential appeal, with the underlying ownership dispute pending a full hearing.
Who, what, where, when and why
What: Report matter: Logistics company not entitled to injunction against fund, court rules. Procedural stage: appeal
When:
- November 27 Other
- 2023-12-21 Publication
Case subjects
Defendant
Places mentioned
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