O'Flaherty & Ors v Permanent TSB Public Ltd Company & Ors (Approved) (Rev1)

PERMANENT TSB PUBLIC LIMITED COMPANY, CHELDON PROPERTY FINANCE DESIGNATED ACTIVITY COMPANY, MOORSWATER MASTER DESIGNATED ACTIVITY COMPANY, MARS CAPITAL MANAGEMENT IRELAND DESIGNATED ACTIVITY COMPANY, MARS CAPITAL FINANCE IRELAND DESIGNATED ACTIVITY COMPANY, KEN TYRELL, BRGA LIMITED, NICHOLAS GIBSON, TAILTE EIREANN, THE COMPANIES REGISTRATION OFFICE, WICKLOW COUNTY COUNCIL, J&D CULLEN PROPERTY LIMITED, JOHN CULLEN and DONAL CULLEN

             The First- and Second-named Plaintiffs commenced these proceedings by Plenary Summons issued on 16 July 2024.� On 11 April 2025, they successfully applied to join the Third- and Fourth-named Plaintiffs as Co-Plaintiffs and the Twelfth- to Fourteenth-named Defendants as Co-Defendants.�

             Several motions have issued in the proceedings since then, and three of them fall for determination in this judgment.� They are as follows:

(a)           First, an application by the First- and Second-named Plaintiffs for an interlocutory injunction restraining the completion of Dealing No. D2025LR065635X pending on Folios WW27490F and WW34597F for the registration by Tailte �ireann, the Sixth-named Defendant (" Tailte �ireann "), of the Twelfth-named Defendant as owner of the lands in those Folios. I will refer to this as " the 2025 Dealing Motion ."

(b)           Second, a motion by the Twelfth-named Defendant for an order for possession of the lands and premises comprised in Folios WW34597F and WW27490F, which, in view of this being an interlocutory application, I read as an application for an interlocutory injunction restraining trespass by the Plaintiffs pending trial. I will refer to this as " the Possession Motion ."