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Reporting by Pat Coyne
A businessman who stayed on at a Ballyfermot car park for years after his lease expired has been ordered to leave pending a full trial.
Kaifan Ltd went to the High Court seeking an interlocutory injunction to recover possession of the yard at 363 Ballyfermot Road.
The company said Thomas Kearney stopped paying rent in 2020, ignored a notice to quit, and broke back in after its agents retook the site earlier this year.
Mr Justice Liam Kennedy delivered judgment on 27 July. He said the plaintiff had shown a strong case based on the written agreements signed in October 2018. These included a lease for four years and nine months at €25,000 a year, a deed renouncing renewal rights, and side letters dealing with a €40,000 payment and a landlord break clause.
The judge noted that Mr Kearney accepted signing all documents but claimed they did not reflect the true deal. He said he believed he was entitled to rent-free occupation, free utilities, and permission to sub-license the yard. He also denied receiving independent legal advice, despite documents stating otherwise. He argued that two men involved in the transaction were acting for the landlord, not him.
The court heard that Mr Kearney allowed more than 20 licensees to trade from the car park, earning €30,000 to €40,000 a year. The judge said this was done without the landlord’s consent and amounted to a breach of covenants. He also accepted evidence that Mr Kearney and associates forcibly re-entered the site the day after the plaintiff regained possession.
Mr Justice Kennedy said the defendant’s explanations were “bare assertions” that did not align with contemporaneous documents. He noted the defendant had not delivered a Defence, which weakened his position. The judge found the plaintiff’s delay in enforcing its rights was “curious” but did not support the defendant’s claim of a rent-free arrangement.
On the balance of justice, he held that damages would not adequately protect the plaintiff, given the scale of unpaid rent and profits earned from unlawful licensing. Any loss to the defendant could be compensated financially. He also said the presence of multiple unauthorised occupants posed a disruption and security risk.
The judge concluded that the plaintiff was entitled to an interlocutory injunction once it undertakes to progress the case quickly to trial. He said a permanent injunction could be granted at trial and the plaintiff was presumptively entitled to costs.
Counsel for Kaifan Ltd was John O’Regan, instructed by HOS Partners LLP. Paul Comiskey O’Keefe, instructed by Danny Nolan Solicitors, appeared for Mr Kearney.
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