Freight firm Stateline Transport has two weeks to remove hundreds of shipping container units

Stateline Transport Ltd failed to get an extension to the time it had to remove between 1,500 and 2,000 containers at the Tesco Ireland-owned land in Santry. The containers are held there until they are ready for re-use in international shipping.

In 2020, Stateline agreed a ten year lease with Tesco to use the land for its containers.

However, Fingal Co Council brought enforcement proceedings against both Tesco and Stateline saying the use was unauthorised development.

As a result, Tesco itself sued Stateline seeking a number of orders including an injunction ending the unauthorised development use. Stateline is currently awaiting the outcome of an appeal to An Bord Pleanála seeking retention of the use.

The Tesco case was settled on the basis that Stateline would move out but with a 12 month stay on the agreement to cease use of the site for container storage. Tesco agreed but said that question was for the High Court to decide.

Stateline, in its arguments to the High Court, said it was still awaiting the Bord Pleanála decision. It also said it had sought permission to open up on an alternative site in Fingal which had been refused but said a revised application, lodged on February 8 last, should meet the concerns of the local authority.

Last November, the High Court refused a 12-month stay and instead said Stateline had to be out in six weeks.

Mr Justice Garrett Simons also ruled that failure to comply with the order could constitute a contempt of court under Section 53 of the Companies Act 2014. This meant the directors of Stateline could be liable to a process leading to possible sequestration of assets should the order be disobeyed by the company, he said.

Last month, following an appeal by Stateline. the Court of Appeal upheld the High Court decision and said Stateline must be out by April 5.

The case returned on Tuesday before Mr Justice Simons when David Dodd BL, for Tesco, said the parties had agreed that certain orders could be made, including providing for an application for possible contempt under the Companies Act should the order not be obeyed.

Counsel asked that the case be listed for mention after the April 5 deadline for removing the containers.

The judge adjourned it until after the Easter holiday.