Brown Thomas in dock over restaurant contract

THE operators of a restaurant outlet at Brown Thomas in Dublin are seeking a High Court injunction preventing the store owners from allegedly terminating their contract.

Relax Food Corporation, with registered offices at the Hawthorns, Castleknock, Dublin, is seeking to restrain Brown Thomas and Co Ltd, Grafton Street, Dublin, from the early termination of a five-year agreement entered into by the parties in March 2005 for the operation of the third-floor restaurant.

They also want an order restraining Brown Thomas from appointing anyone else to operate the restaurant.

Relax says Brown Thomas had given three months’ notice of the termination and this was not in accordance with that agreement.

Yesterday, Ms Justice Mary Laffoy was told by counsel for Brown Thomas that they were seeking to have the matter transferred to the Commercial Court.

Gary McCarthy BL, for Relax, said, however, that the case may not meet the first requirement of the Commercial Court that the amount of money involved must be €1 million or above. It was over a contract which had one more year to run, he said.

Gareth Compton BL, for Brown Thomas, said if they were successful in getting it transferred to the Commercial Court, the entire case could be dealt with in two days while an injunction would take a day to hear.

Ms Justice Laffoy adjourned the case for two weeks and said, while the application to transfer to the Commercial Court was made, Brown Thomas could still file affidavits in relation to the injunction proceedings.