Barrister Jane Anne Rothwell applied to Judge Seán Ó Donnabháin at Cork Circuit Court yesterday for an ex-parte injunction against those who had moved their caravans onto lands which are part of Fota Retail Park in East Cork.
Ms Rothwell said that when one of the owners of the land directed one of the caravan owners to leave the property, the man replied: “Go off, boss, and get your injunction, I’ll get 24 hours to leave.”
By the nature of an ex-parte injunction the only side present at Cork Circuit Court yesterday was the owners of Fota Retail Park.
However, the matter was listed for mention in court again on Tuesday so that all parties can be present — if they have not moved out of the area before then.
The terms of yesterday’s order will be displayed and notified on the site. In effect, the order requires anyone with notice of the order to vacate the property.
“You can also serve a copy of the order on the superintendent in Cobh for any assistance he can legally give you,” said the judge.
Ms Rothwell told the judge that when the owners of the land told those with caravans to move they declined to do so.
The judge asked if the company has any statutory duty to house the people who have moved on to the land.
Ms Rothwell said the owners, Box Hedge (Commercial) Ltd, has no such duty to house them. Before the matter was finalised, the judge asked one question of Box Hedge (Commercial) Ltd, one question in passing, which was not answered: “Where did you get the name?”