Undertakings given in Navan premises earmarked for restaurant High Court dispute

Defendant had agreed to give undertakings pending the full hearing of the case

Ms Yingjin Lin, who lives in China, bought the property last January from another man who had previously bought it from a receiver. Photograph: Bryan O'Brien
Ms Yingjin Lin, who lives in China, bought the property last January from another man who had previously bought it from a receiver. Photograph: Bryan O'Brien

Undertakings have been given in the High Court by a defendant in a dispute over a business premises earmarked for a restaurant in Navan, Co Meath.

Last week, the court granted permission to Yingjin Lin, her daughter Qin Pin Huang and her son-in-law Qun Huang, to serve injunction proceedings seeking to prevent Frank Mullan from interfering with their right to use 25 Trimgate Street.

The application was made on a one-side only represented basis.

On Tuesday, the case returned to court when Fred Gilligan BL, for the plaintiffs, said the defendant had agreed to give undertakings pending the full hearing of the case.

Ms Yingjin Lin, who lives in China, bought the property last January from another man who had previously bought it from a receiver acting for asset acquisition firm Promontoria (Pluto) Ltd.

She delegated management to her daughter and son-in-law who live in Ireland.

Ms Qin Ping Huang said she believed Mr Mullan (also known as Mullan) previously owned the property and did not challenge its sale by the receiver to the last owner.

She said after buying the property, an agreement was made with a prospective tenant to let it out to be used as a restaurant, starting at a rent of €36,000 annually.

However, she said efforts to access the property by the prospective tenant for renovation work were blocked by the defendant who also changed the locks. Mr Mullan also used his car to block access to the rear yard.

In correspondence, it was asserted on behalf of Mr Mullan that he has ownership of part of the property which he and his tenants had occupied solely and exclusively.

Injunction proceedings were served after the prospective restaurant tenant said he was considering pulling out of the lease agreement where Mr Mullan continued to interfere with access and occupy certain parts of the property.

On Tuesday, Mr Justice Brian Cregan adjourned the matter to October.

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