The executor of the estate of the publican who ran the well-know The Shipwright Pub in Dublin, has launched High Court proceedings aimed at regaining control of the premises.

The pub, which also included a guesthouse and off-licence, all formed part of the estate of the late Eoghan Breatnach, who died last month.

The premises was re-entered by its landlord Tribus Properties Ltd, late last month, a few days after Mr Breatnach’s burial on August 27th last.

Arising out of the landlord’s actions, legal executive Gabriel J Canning has brought proceedings seeking an injunction against Tribus Properties, seeking immediate possession of the premises located at Thorncastle Street in Ringsend, Dublin 4.

Arrears

The court heard that in correspondence, Tribus’s solicitors have stated that it was fully and lawfully entitled to re-enter, due to alleged rental arrears of €318,000, and take the steps it did regarding the premises.

The arrears are disputed by Mr Canning.

Represented by Diarmuid Rossa Phelan SC, instructed by solicitor Greg Ryan, Mr Canning has claimed before the High Court that he is an executor and a beneficiary of Mr Breatnach’s estate.

He said that he also acted as an advisor to, as well as being a close confidante and friend of Mr Breatnach.

Mr Breatnach’s estate, Mr Canning claims, included a leasehold interest in the Shipwright Pub, guesthouse and off licence. The rent on the premises was €1,000 per week.

Mr Canning claims that on August 30th last, security agents acting for Tribus Properties, which holds the landlord’s interest in the property, re-entered and took back control of the property.

This action it is claimed amounted to a breach of the lease agreement between the landlord and the late Mr Breatnach. No permission had been granted allowing the landlord back on the property.

Mr Canning claims that the business, and the jobs of the 12 people working at the premises, has been placed in jeopardy by the landlord’s actions.

Mr Canning says that both he and the staff at business are locked out of the business. He said that he was not aware of any rental arrears owed by Mr Breatnach, and the premises is fully insured and had been properly run.

Actions

The landlord’s actions have also created a loss for Mr Breatnach’s estate, it is also argued.

As a result, Mr Canning, in his capacity as executor is seeking an injunction allowing him access the premises.

Prior to the landlord’s actions he claims he intended applying to the Licencing Court to have the pub’s licence temporarily transferred to the pub’s manager, which would allow him to run the business.

The matter came before Ms Justice Leoine Reynolds at Monday’s vacation sitting of the High Court.

The judge on an ex-parte basis, granted Mr Canning permission to serve short notice of the injunction proceedings on the defendant.

The judge made the matter returnable to a date later this month.