A Dublin city centre-based arcade and casino has brought a High Court action seeking the return of assets it owns including a large digger, several gaming machines, bags of stone, trucks, shrubs and a helicopter.
The action has been brought by Dublin Pool and Juke Box Limited, which owns and operates the Dr Quirkey's Good Time Emporium on O'Connell Street, where it seeks orders against Raparee Developments Ltd, with a registered address in Kilkenny City.
The action is also against 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 assets which the plaintiff seeks the return of include a Bell 222 helicopter, a DAF lorry, a 7.5-tonne Daewoo Digger, 9-tonne Neuson dumper, as well as air-hockey and basketball gaming machines and 3 'Teddy Crane' gaming machines.
The plaintiff also seeks the return of a pallet of white thorn shrubs, two tonne bags of stone, stainless steel shelving, gate posts and gates, and three plastic drums.
The plaintiff, represented by Lorna Lynch SC with Niall Buckley BL, claims that various assets that have been in the possession of Raparee since 2020 on properties in Co Tipperary owned by Josephine Alley.
The plaintiff claims that central to its action is its former employee 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.
It is claimed that Frank Alley, who was made redundant by the plaintiff in 2021, has brought legal action and has made a protected disclosure regarding his former employer.
It is also claimed that Bobby Alley is the alleged subject of a criminal complaint over the alleged appropriation of a company-owned vehicle.
The company claims that it believed 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 Bobby Alley in 2021 who alleged the defendant company was owed over €60,000 in storage fees.
The plaintiff wholly rejects that any money is owed by it to Raparee, and that there ever was any arrangement to store the assets.
Alleged coercion
The plaintiff claims that in June it received correspondence from Raparee and Ms Lawrence statin they accept the assets belong to Dublin Pool and Juke Box, and that they are prepared to consent to any orders sought in relation to the goods.
The correspondence also stated that Bobby Alley had allegedly "coerced" his former wife to use Raparee, and he allegedly had created an improper invoice from that firm alleging that monies were due and owing to the plaintiff, when no monies were ever due.
Following that correspondence, 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.
Late last month, the plaintiff claims it employed a contractor to collect the assets from two properties in Co Tipperary.
However, it is claimed that Mr Frank Alley verbally informed the contractor that he would not allow the plaintiff access to the property where the goods are being held, claiming his brother Bobby Alley held the keys to the sheds.
After contacting Bobby Alley, the plaintiff's contractor was allegedly told that no access would be granted to the sheds or the property where the assets are being stored.
As a result of being unable to recover the goods the plaintiff has brought High Court proceedings against the defendants.
It claims it is concerned about the condition of the assets, particularly the larger ones which it believes are being stored outdoors.
In its action the plaintiff seeks various orders including an injunction requiring the defendants to deliver up the assets. It also seeks orders restraining the defendants from interfering with or impeding the plaintiff from recovering the assets from their location in Tipperary.
The matter came before Ms Justice Eileen Roberts, who on an ex-parte basis granted the plaintiff company permission to serve short notice of the injunction application on the defendants.
The matter will return before the court later this month.
