High Court judge asks if injunction in dispute over alleged trespass was sought 'to facilitate a dog'

A High Court judge has asked lawyers representing a company in a dispute over an alleged trespass at a Dublin property if it was seeking an injunction in order "to facilitate a dog".

The remark was made by Ms Justice Leonie Reynolds after lawyers for Belwall Limited sought orders against Darren Cummins, who it is alleged is trespassing at a property he sold to the plaintiff for €2.4m earlier this year.

At the High Court today, counsel for Belwall, which is part of the Townmore Group, Morgan Shelly Bl said the defendant has refused to give up vacant possession and has trespassed there on several occasions since the sale closed.

The court heard that on one occasion at the property Mr Cummins told an agent of the plaintiff that because his phones calls "to Townmore" were not being returned he would "have to do things his way".

Another man, who accompanied Mr Cummins, shouted at the agent "tell him to transfer the rest of the money".

In recent days a sign saying "private property keep out" was placed on the property, a padlock and chains were placed on the property's gate and an agent of the plaintiff found a dog in the house.

A full bowl of food was left for the dog, and the agent filled up its bowl to ensure if had enough to drink.

There were concerns for the welfare of the dog, who it is claimed the defendant was taking care of, and orders were being sought to permit the safe removal of the animal.

Belwall says its is unable to carry out works on the house and has asked the defendant to collect the dog and a car left on the property.

As a result, Belwall is seeking orders including an injunction preventing Mr Cummins, of Briarfield Grove Kilbarrack, Dublin 5, from trespassing or attending at the property located at Hole in the Wall Road, Donaghmede, Co. Dublin.

It also seeks orders including one preventing the defendant from placing any animals or vehicles at the property, that the defendant deliver up vacant possession of the property, and a declaration that Belwall Ltd is the owner of the property,

The judge asked if the injunction was to sought "to facilitate a dog" , adding that the ISPCA could be notified about the situation, in circumstances that did not require a court order.

The judge accepted there might be something suspicious in the the background. The court was not prepared to make any orders on ex-parte basis in the absence of the defendant.

The judge said she was prepared to grant Belwall permission to serve short notice of the injunction proceedings on Mr Cummins, and adjourned the matter to a date next week.