Port operator claims haulage firm has overstayed lease
The Dublin Port Company (DPC) 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.
DPC 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 €1.5m.
It is seeking 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 from 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.
DPC property manager Cormac Kennedy said, in an affidavit, the defendant's solicitors have denied manufacturing or processing substances on the property. Mr Kennedy said, however, they failed to provide any explanation for the activities on the site.
The property is due to be used by DPC as part of the wider redevelopment of the port, he said. DPC has 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 is to facilitate extremely large import and export throughput with the land being redeveloped to ensure that its floor-load specification meets best international standards, he said.
A masterplan to cover development for 2012 to 2040 is in place, he said.