Transport firm gets permission to serve notice of access injunction proceedings

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Smullen Logistic Solutions Ltd received permission in the High Court on 15 December 2023 to serve notice of injunction proceedings on neighbouring landowner Goldstein Property ICAV. Mr Justice Conor Dignam granted permission at a hearing where only Smullen was represented.

The company claimed Goldstein had locked a gate providing access to its container storage site at Newhall, Naas, Co Kildare. The injunctions sought the removal of the lock and the prevention of obstruction of access to a roadway leading to Smullen’s land.

In an affidavit, company owner Helen Smullen said the roadway was essential for access and had been used by Smullen and previous owners since at least the early to mid-2000s. She said the gate was locked on 27 November after her firm had enjoyed sole and exclusive use of the right of way without interference.

Ms Smullen said Goldstein had alleged in correspondence that Smullen was trespassing and denied that it had any right of way. Mr Justice Dignam expressed concern that the application should have been brought sooner, but also said a lack of access could have consequences beyond the parties’ interests. He said the case could return to court the following week.

This case may have concluded differently. The outcome has not yet been confirmed by a public source we could find.