Friday 19 January 2018

Operators of South Dublin restaurant and agents of owners in 'tense stand off' - High Court hears

The judge is waiting to hear from John and James McCabe
The judge is waiting to hear from John and James McCabe

Aodhan O'Faolain

A "tense stand off" has developed between the operators of a south Dublin restaurant and agents of the owners who want to re-take possession of the premises, the High Court has heard.

Mr Justice Paul Gilligan was told John and James McCabe, who are the directors of the company which operates the The Gables restaurant and Wine Bar on Foxrock's Torquay Road have been involved in stand off since early this morning with agents of the owner of the property that houses the restaurant and wine Bar.

The McCabes are directors of McCabes Wine Warehouse Ltd which has operated a restaurant and a wine shop at the premises under the terms of a lease since 2001. The owner Daphne Kaye acquired the property in 1999.

Matthew Jolley Bl, for Ms Kaye, said agents for his client took possession and changed locks after the company failed to pay rent arrears of approximately €370,000. The arrears dated back to 2007, counsel said. A notice of forfeiture of the lease was served on the company in mid June.

Shortly after Ms Kayes agents re took possession, counsel said the McCabes and five men arrived on the scene. The rear door of the premises was forced open and damaged, counsel said. 

The gardai were also called. However the two McCabes along with an employee of the restaurant have remained on the premises in a what counsel said is "a tense stand off," with Ms Kaye's agents.

It is Ms Kayes case that the McCabes are trespassing. They have refused to leave the premises, counsel said. The McCabes counsel said have asked for three weeks to put the company's affairs in order.

This is not acceptable to Ms Kaye, counsel said, as she has obligations in respect of the property to a third party.

Arising out of their failure to leave the premises, Ms Kaye seeks an injunction ordering the McCabes to vacate the premises. She also wants an order restraining the defendants from damaging, obstructing or interfering with her use of the property.

Mr. Justice Gilligan granted Ms Kaye, of Tanglewood Gordon Avenue Foxrock permission to serve notice of the proceedings at short notice on McCabes Wine Warehouse Ltd.

The Judge, said he was not satisfied to grant an injunction until he had heard the McCabes version of events and said the case should come back before him tomorrow.

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