We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Alamy Stock Photo
High Court

Housing developer secures injunction stopping subcontractor removing kitchen units

A subcontractor has claimed that it was not paid for its services by the main contractor, which went into liquidation.

THE DEVELOPER OF a social housing scheme in Co Meath has secured a temporary High Court injunction preventing a sub-contractor from removing kitchen units from the properties or from trespassing at the construction site.

The action has been brought by Bloom Capital Limited, which is completing the housing development at the Athboy Road, Navan Co Meath on behalf of the approved housing body and registered charity ‘Respond’.

It claims that persons acting for Liam Forde Fitted Furniture Limited, which was allegedly hired by the main contractor to install kitchens in the new properties, have been turning up on site seeking to remove they units because the defendant has not been paid.

Bloom said that it appears that the defendants has not been paid for its services by the project’s main building contractor Blacklough Construction Ltd, which earlier this year went into liquidation.

However, Bloom claims that the defendant has no right to and does not own the kitchen units or any other components it installed in the housing units.

Bloom has sought the injunction over fears that agents acting for the defendant may come on site and seek to remove the units.

The interim injunction, preventing the defendant from trespassing at or removing property from the housing units, was granted by Justice Siobhan Stack during today’s High Court vacation sitting.

The judge, who adjourned the matter to a date after the court’s Easter holidays, said that she was satisfied that the interests of justice at this stage of the proceedings merited the granting of a temporary injunction.

Seeking the injunction Martin Canny BL for Bloom said that there is a dispute involving the parties that needs to be resolved at an appropriate forum.

Counsel said that Blacklough Construction Ltd had been engaged by Bloom as the main building contractor to carry out construction works on the Co Meath site.

Blacklough, counsel said, then engaged the defendant to carry out works including the installation of kitchens in the properties.

Counsel said that Blacklough was paid in full for the costs of the kitchens, and was supposed to pay the defendant.

However, Blacklough appears not to have done so, counsel said.

Blacklough went into examinership last year.

That process was not successful and Blacklough was wound up and placed into liquidation.

Any claim by the defendant for payment lies solely with the liquidator of Blacklough, Bloom claims.

The defendant, counsel said, has claimed that items it installed in the development’s properties remain in its ownership.

This is disputed by Bloom, counsel said, adding that it is his side’s case that the agreement between the defendant and Blacklough did not incorporate a retention of title clause.

The title of the kitchen units and components does not remain legally vested in defendant, Bloom claims.

However, agents on behalf on the defendant have turned up on site on two occasions and have allegedly removed items from three of the properties, which it is claimed it has no right to do.

While there was a fear that the removal of the kitchen units may result in damage to the housing units.

As a result, Bloom has asked the court to put an injunction in place restraining the defendant from removing the units and from trespassing on the building site until the dispute has been decided.

The injunction will remain in place until matter returns before the court.

Aodhan O Faolain