Penneys in action against Superquinn

PENNEYS has brought High Court proceedings aimed at having Super- quinn vacate a premises in Naas, Co Kildare, which the clothing retailer plans to redevelop.

Primark, which trades as Penneys in Ireland, is seeking to bring proceedings against the supermarket operators for their alleged failure to vacate the premises by the end of last month.

Primark claims that this alleged failure has “hindered plans” it has to redevelop the site in the Co Kildare town.

At the High Court yesterday, Mr Justice John Edwards granted Primark short service, on an ex parte basis, to bring motions seeking to have Superquinn vacate the premises immediately.

Padraig Lyons BL, for Primark, told the court that his client bought the premises at Naas Shopping Centre from its previous owners in 2008, which was occupied by Superquinn.

Counsel said that following from that purchase Primark also obtained and executed a deed of surrender, which required Superquinn to vacate the premises by the end of December 2010.

However, counsel said that the supermarket had not left the premises, despite “the clear and unambiguous terms” of the deed of surrender.

Counsel said Primark is “concerned” because this was holding up the redevelopment plans.

Counsel said that Primark needed to carry out an asbestos audit and soil survey on the site as soon as possible but were unable as the supermarket continued to be in occupation of the site.

Counsel said solicitors acting for Superquinn wrote to his clients saying they would not be in a position to leave until the end of February, but were prepared to pay Primark damages for trespass. Counsel said that this was not acceptable to his clients.

Mr Justice Edwards, who questioned the urgency of the application, said he was prepared to grant Primark short service. The judge also made the matter returnable to Friday of this week.