The Dublin Port Company claims a haulage firm is overholding on a lease for a property it says is required for wider redevelopment of the port for core import and export activity.
The port company says Automation Transport is a former tenant of the two-acre site on the Promenade Road and is overholding on its lease. The property is valued at more than €1.5 million.
It seeks a declaration from the Commercial Court that the lease has terminated. It also wants a declaration that Automation has breached that lease by engaging, while overholding, in the manufacturing, processing and/or production of substances including liquefied plastics.
It seeks orders restraining the defendant carrying on any activity at the premises other than that permitted by the lease, that is a road haulage business.
It also wants an order that remedial works be carried out and the property be delivered up in a repaired and good condition, in accordance with the lease.
The case was admitted to the Commercial Court list by Mr Justice Robert Haughton. The defendant’s lawyers said they had no objection to the admission.
Explanation
Dublin Port Company property manager Cormac Kennedy said in an affidavit the defendant’s solicitors have denied manufacturing or processing substances on the property. Mr Kennedy said they had failed to provide any explanation for the activities on the site.
He said the property is due to be used by the port company as part of the wider redevelopment of the port. The port company had been actively developing and investing in land remediation to convert property at the port which was previously used for warehousing and haulage.
He said this was to facilitate extremely large import and export throughput, with the land being redeveloped to ensure that its floor load specification met best international standards. A master plan to cover development for 2012 to 2040 was in place.
