Firm asks High Court to order ‘trespassers’ off unsafe Co Cork site
Posted on 17th April 2019 at 23:15
OCW Properties says lock decommissioned plant’s gate removed and caravans moved in
The owner of a partially decommissioned pharmaceutical plant in Co Cork has brought a High Court action aimed at removing alleged trespassers who moved caravans and vehicles onto the site last week.
The action has been brought by OCW Properties Ltd against Patrick Doyle, Winnie Doyle, Eubert Doyle and persons unknown who are currently occupying a site the company owns the leasehold interest in at Wallingstown, Barrymore, Little Island.
The company, which wants to sell the site, claims that late last week a lock on a gate was damaged and removed and that, without its permission, the defendants moved several caravans and other vehicles onto the site.
Cian Cotter BL, for OCW, told the High Court that the site is not suitable as a residence from a health and safety perspective. The named defendants, several other unknown parties, and their children are currently on the site, and counsel said OCW is concerned an accident may occur.
Counsel said the site contains a partially decommissioned pharmaceutical plant, with submerged tanks, holding units, soak pit, and pipes. He said his client had contacted gardaí, who attended at the scene and directed the defendants to leave, but they have failed to do so.
Mr Cotter said the company also attempted to engage with the occupants, but the defendants are not prepared to give up vacant possession of the site.
In its action, the company seeks an injunction requiring the defendants and all persons who have knowledge of the proceedings to vacate the property.
The company also seeks orders prohibiting the defendants from trespassing on the site, and that the defendants are prohibited from impeding or obstructing the company from taking possession of the site.
The matter came before Mr Justice Garrett Simons, who granted the company, on an ex-parte basis, permission to serve short notice of the injunction proceedings on the defendants.
The judge made the matter returnable to Thursday’s sitting of the High Court.
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