A High Court injunction application brought by a Dublin city centre-based arcade and casino seeking the return of assets including a large digger, several gaming machines, bags of stone, trucks, shrubs and a helicopter has been resolved.
Earlier this month Dublin Pool and Juke Box Limited, which owns and operates the Dr Quirkey's Good Time Emporium, on O'Connell Street, launched High Court action where it sought orders against several parties including Raparee Developments Ltd, with a registered address in Kilkenny City.
The action was also against Ms Colette Lawrence of Ballintemple, Dundrum, Co Tipperary, who is a director of the company, as well as Josephine Alley and her son Frank Alley of Ward Park Dundrum Co Tipperary.
The plaintiff had sought various orders including an injunction requiring the defendants to deliver up the assets.
It also sought orders restraining the defendants from interfering with or impeding the plaintiff from recovering the assets from where they were alleged to have been kept in Co Tipperary.
Assets recovered
When the matter returned before the High Court on Tuesday Niall Buckley Bl for the plaintiff told Mr Justice Brian O'Moore that the assets have all been recovered.
As a result counsel said the injunction application could be struck out against all of the defendants.
Counsel said that full action could be struck out against all of the defendants, except for Raparee Developments Ltd.
The assets include a Bell 222 helicopter, a DAF lorry, a 7.5 tonne Daewoo Digger, 9 tonne Neuson dumper, as well as Airhockey and basketball gaming machines and 3 'Teddy Crane' gaming machines.
The plaintiff also sought the return of a pallet of white thorn shrubs, 2 tonne bags of stone, stainless steel shelving, gate posts and gates, and 3 plastic drums.
The plaintiff had claimed that the assets were in the possession of Raparee since 2020/21, on properties in Co Tipperary owned by Josephine Alley.
Tipperary facilities
The plaintiff claims that central to its action was its former employee Mr Bobby Alley, who it is alleged is responsible for the assets being in Raparee's custody.
While he is not a defendant in the action, it is claimed that he is a former director of Raparee, the ex-husband of Ms Lawrence, the son of Josephine Alley, and a brother of Frank Alley.
The company said it believed that the assets were being stored at its own facilities in Co Tipperary.
It said that it never heard of Raperee until it was contacted by lawyers representing Mr Bobby Alley in 2021 which alleged that it owed Raperee over €60,000 in storage fees.
The plaintiff rejects that claim, and that there ever was any arrangement to store the assets.
In June, it received correspondence from Raparee and Ms Lawrence accepting that the assets belong to Dublin Pool and Juke Box.
The plaintiff sought to recover its assets from Josephine and Frank Alley, who has asserted that he represents his mother's interests in this matter.
That consent has not been provided, the plaintiff claims.
The plaintiff said a contractor it employed to collect the goods was denied access to the assets.
This resulted in the plaintiff bringing proceedings against the defendants.