PEOPLE OCCUPYING A former Dublin city centre guesthouse have been given 14 days to vacate the premises.
At the High Court today Mr Justice Paul Gilligan granted the owners of the property, formerly known as Neary’s Hotel at Parnell Street, an injunction requiring those in occupation to leave and cease trespassing at the site.
The property has been used as a vegan café and social club called the Barricade Inn since March of last year, the court heard.
It also hosted fundraising events, educational classes and even a bike repair workshop.
Lawyers acting on behalf of the property’s owners sought the injunction on the grounds it is an extremely dangerous and unsafe condition.
The case was brought against a number of unknown persons by Mary Bergin, executrix of the estate of the owner of the guesthouse, Ellen McGuill, who died in 2002. It was also brought by a company called Vandelure Ltd which holds the freehold interest in the property.
The property had been vacant for many years after Mrs McGuill’s death, and is current up for sale.
The matter first came before the High Courts in October.
Lawyers representing the only person to appear before the court to answer the injunction application, Mr James Cleaver, had raising an issue concerning the directors of Vandelure, which at the time the proceedings were launched was claimed had no living directors, and its ability to seek the injunction.
Lawyers Ms Bergin and Vandelure said the late Mrs McGuill was a shareholder in the company and Ms Bergin, as executrix, is also a member of the company.
The court had previously adjourned the matter to allow the matter concerning the company be addressed.
When the matter returned before the Court it was informed the company had rectified the situation, and the application for an injunction could proceed. Following an EGM two new directors have been appointed.
Following discussions between the parties Edward Walsh Bl for Mr Cleaver said his client was consenting to the injunction being made against him, on terms including there would be a two week stay and that no costs order be made against him.
In his ruling Mr Justice Gilligan said he was satisfied from the evidence put before the court the owners were entitled to the injunction, pending the full hearing of the matter.
The injunction compels Mr Cleaver and all others who have knowledge of the orders to vacate and hand over possession of the premises and remove their belongings and any items stored there.
The injunction also prohibits the defendants from re-entering the premises until the full action has been heard. The Judge, noting that Mr Cleaver had consented to the orders, said he was putting a stay on the order of 14 days, which would allow the occupants time to leave the premises.
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