A COUPLE have secured a temporary High Court injunction preventing the family of their deceased business partner from trespassing or interfering with an extensive holiday home development in Co Wexford.
Michael and Pauline Cullen, Hookless House, Fethard-on-Sea, Co Wexford, secured a temporary injunction restraining Noreen, Susan and Brian O'Donnell, as administrators of the estate of the late Michael O'Donnell, New Ross, Co Wexford, from trespassing at lands at Hookless, Fethard-on-Sea, or North Quay, New Ross.
The court also restrained the defendants from disposing or dealing with those properties and from dealing with assets of a construction firm, MJ Quay Developments.
The order was granted on an ex-parte basis (one side represented) by Mr Justice Liam McKechnie, who made the matter returnable to early next week.
Barney Quirke, for the Cullens, said the injunction was being sought against the estranged wife and the children of the late Michael O'Donnell.
He said Mr Cullen, who runs a bar-restaurant and leisure centre at Hookless, entered into a business arrangement with Mr O'Donnell in relation to the construction of holiday homes in Co Wexford called Hookless Village.
That agreement was witnessed by a third party and the document was sent to a firm of solicitors.
However following Mr O'Donnell's death, a dispute broke out over the ownership of the company and the properties and the situations was now at an impasse.
In an affidavit, Mr Cullen said he entered into a business agreement with Mr O'Donnell, a close friend for 30 years, in 2005. Before that, Mr Cullen became indebted to Anglo Irish Bank and a receiver was appointed over certain properties he had.
He said the lands, excluding Hookless House and the leisure centre, were transferred from the receiver to Mr O'Donnell for €1.46 million. In addition, he said, Mr O'Donnell had agreed, along with another man, to become directors of MJ Quay Developments Ltd.
Mr Cullen said it was agreed he would be the sole owner of Hookless Village while Mr O'Donnell would act as the nominee and would have no ownership in the property. The shareholding of the MJ Quays was to be transferred to him and he would discharge its liabilities and pay more than €1 million to Mr O'Donnell.
A written agreement was witnessed in December last, he said.
However shortly after Mr O'Donnell's death in December, Mr Cullen said Brian O'Donnell, Michael's son, asked for the keys to all plant and machinery belonging to MJ Quays.
When he was told they belonged to the company, Mr Cullen said he was told the material would be taken "by any other means necessary". Locks were broken to gain access and remove material from North Quay in New Ross.
Mr Cullen said the defendants had "operated the company as if it were their property", had engaged in a campaign of harassment and intimidation against him and had sought to damage his reputation by claiming he was responsible for Mr O'Donnell's death.