Sunday, 26 May 2024

Port fears that trucks will be left at a standstill unless it takes back leased land

The Dublin Port Company (DPC) fears a standstill of truck traffic in the immediate aftermath of Brexit if its plans to take back land which has been leased are hampered.

It has asked the High Court for an injunction over one piece of land it says it needs to provide truck parking and border control posts.

The DPC, a State-owned commercial company, wants to use the 3.7-hectare site at Tolka Quay, about 600 metres south of the Port Tunnel, as one of its truck parks and inspection posts for customs, immigration and agricultural checks after Brexit.

The site, which includes a warehouse and an office building, is mainly occupied by McQuaid O’Flanagan Warehousing and Transport, which had a lease with the former owners of the site.

The DPC says it bought the site in January from the former owners and McQuaid O’Flanagan’s lease expired last November. It is seeking an order preventing McQuaid O’Flanagan from trespassing or otherwise interfering with its right to take possession.

It also sought similar orders against AYBL Ltd, a company occupying another smaller office building on the site.

In an affidavit, DPC said after Brexit, incoming vehicles will need to be checked and it won’t be possible to park within the port as it would bring it to a “standstill”.

The case was admitted to the Commercial Court yesterday by Mr Justice Robert Haughton.

Kelley Smith BL, for the DPC, said there had been constructive engagement with AYBL, and with a number of other smaller companies housed at Tolka Quay, and they had agreed to vacate the premises by 5pm on April 5. If they did so, DPC would not seek legal costs against them.

McQuaid O’Flanagan was opposing the injunction and, given the emergency nature and “Brexit sensitivity” of the situation, Ms Smith asked for an early date for the injunction hearing. Mr Justice Haughton adjourned it to March 20 for hearing.

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