Esso Ireland Limited has secured an interim High Court order restraining the sale of any brand of motor fuel other than Esso brands at a Co Mayo filling station.
The order is against Ian Clarke, company director of Ridgepool Village, Ballina, and relates to the Clarke and Doherty filling station, Dillon Terrace, Ballina, which is also restrained from selling or offering for sale any of the contents of the fuel tanks on the premises.
James Philips, senior counsel for Esso Ireland Limited, also secured an injunction against a second defendant, McCormack Fuels Limited, from selling or supplying motor fuel to Ian Clarke at the filling station during the term of his contract with Esso Ireland Limited.
In an affidavit, Eugene Treacy, Esso area manager, said Mr Clarke had entered into an agreement providing that Esso sell him his total requirements of motor fuels for resale for a period of five years from September 1st, 2002, and not to sell motor fuels supplied by others except with the written consent of the oil company.
It had come to Esso's attention that Mr Clarke may have been purchasing motor fuel from a third party and selling it at his station in breach of the agreement with the oil company.
About March 29th last, an Esso agent had observed a petrol tanker from McCormack Fuels Ltd, Sligo, arriving on the forecourt of Clarke's service station.
The driver of the vehicle delivered fuel from the lorry into the underground tanks on the premises. The delivery took about 45 minutes.
Mr Treacy said he had a subsequent telephone conversation with Mr Clarke in which Mr Clarke contended he could not afford to purchase the Esso product, claiming it was too expensive.
Mr Treacy added that Esso had provided substantial money towards the cost of capital improvements to the service station concerned.