Civil engineering firm ‘unlawfully’ at site in Ringsend, court told

A civil engineering firm is unlawfully occupying a site in Ringsend, Dublin, close to the Poolbeg power-generating station, in a dispute over payment for works carried out, the High Court heard on Tuesday.

The National Oil Reserves Agency (NORA) brought a High Court action against the Francis Dolan Plant Limited, trading as Dolan Civil Engineering and Demolition, which it claims has been in unlawful occupation of a site known as the ESB Oil Farm at Poolbeg in Dublin 4 for the last week.

Obligations

NORA is the body responsible for ensuring Ireland meets its EU and International Energy Agency rules obligations to keep a minimum of 90 days' stocks of oil for use in the event of a physical shortage of supplies.

In its proceedings, NORA seeks injunctions compelling Francis Dolan Plant to vacate the site and to remove all its equipment, machinery, plant and property. It also seeks orders from the court preventing the engineering firm from trespassing on the lands, causing a nuisance at the site and interfering with access to the site by either blocking the roadway or gate leading on to the site.

The court heard today that NORA had engaged Francis Dolan Plant to carry out works on the site under a €1.9 million contract which had been terminated.

Barrister Marcus Dowling, counsel for NORA, told High Court President Mr Justice Peter Kelly that, a week ago, the company, which claims it is owed money by NORA for works it carried out, occupied the site which it had no entitlement to do. NORA is seeking court orders compelling Francis Dolan Plant to vacate the site for health and safety reasons, and alleges there is a clause in the contract requiring any disputes to be settled by arbitration.

Claim

Francis Dolan Plant claims it is owed money for works it carried out before the contract was terminated in July and alleged there had been “radio silence” from NORA in respect of its claim for payment.

Francis Dolan Plant also disputes the urgency of the matter and said it would take at least a week for it to remove its plant and equipment from the site. Judge Kelly, who expressed a desire that the two parties come to “a sensible commercial resolution” of the dispute, adjourned the case for a week.