Bargaintown owners win order requiring property to be vacated
Posted on 16th February 2022 at 21:01
Court hears of correspondence containing ‘thumb prints in a red liquid’
The owner of the Bargaintown chain of furniture stores has secured a High Court injunction requiring several parties to vacate a commercial property it acquired last year.
Bargainprop Ventures Limited secured the order against Damien Patrick Gibney and Irene Elizabeth Gibney, Toro Grande Trading Limited, and all those in occupation of Unit 3, Greencastle Parade, Greencastle Industrial Estate, Dublin 17.
The Gibneys are the former owners of the property, the court heard.
Bargainprop, represented by Jarlath Ryan, said his client acquired the premises in 2021 from a receiver appointed over the property by the financial fund Mars Capital Finance Ireland DAC.
The property had been in receivership since 2016.
Mr Ryan said both the Gibneys and others allegedly in occupation have refused to vacate the property and have unlawfully created a leasehold interest in respect of the property to a company called Toro Grande.
The defendants were asked to vacate the property, on which they are trespassing, but have failed to do so, counsel said.
Counsel said his client’s solicitor has received correspondence on behalf of the Gibneys, with an address at Dunlever Lodge, Kildalkey Road, Trim, Co Meath, in response to its demand that they vacate the property.
Counsel said his client’s solicitor had received correspondence purportedly on behalf of the defendants that was “extraordinary, eccentric and absurd”.
It appeared to state that the Gibneys had full title to the premises, and that they had entered into a valid lease with Toro Grande.
The correspondence, counsel added, also contained various other claims and included a quote from the Bible’s Book of Hebrews.
The material also appeared to contained the Gibneys’ signatures, alongside “thumb prints in a red liquid”.
Counsel added that some years ago the receiver appointed over the property, which the Gibneys acquired in 1999, obtained a High Court injunction requiring the Gibneys to deliver up vacant possession of the unit.
Bargainprop was anxious to develop the property for its own business interests and carry out much needed works on the premises, counsel said.
In all the circumstances, counsel said his client was entitled to an injunction, which would be left in place pending the outcome of the action, requiring the defendants to vacate the property.
The injunction was granted by Mr Justice Senan Allen.
He said no explanation had been tendered before the court concerning the Gibneys’ claim to own the property nor the lease purportedly created in favour of Toro Grande.
The defendants were not present in court for the hearing of Bargainprop’s application.
However, the judge said he was satisfied that all of the defendants were made fully aware of the injunction application in advance of the hearing.
Share this post: