The owners of a property backing on to the northern rail line in Malahide, Co Dublin, are disputing claims that an outbuilding in their garden caused a recent embankment collapse after heavy rainfall that briefly disrupted Dart services.
Irish Rail and Coras Iompar Éireann (CIÉ) have sought a High Court injunction against Kieran Brady and Virginia Synnott, who the transport companies allege had the outbuilding constructed to “a very significant extent” on CIÉ-owned land behind their property at Ashleigh Lawn.
Judge Brian Cregan granted permission last month for short service of the proceedings on Brady and Synnott, who the court heard were out of the jurisdiction in the southern hemisphere at that time.
However, in correspondence with the defendants’ solicitor, Irish Rail was told the land belonged to them and that there was some negligence on the transport companies’ part.
They also refused to give undertakings to remove the outbuilding and reinstate the boundary line with the rail lands.
When the case came back before the judge on Tuesday, Raymond Delahunt, barrister for Irish Rail and CIÉ, asked that the matter go back for another week to allow for the exchange of affidavits between the parties.
The judge said that as this was a case in which outbuildings allegedly caused the collapse of the embankment, it was a matter of considerable urgency and he would give the injunction application an early hearing.
Delahunt said the other side disagreed with that characterisation of the dispute and he agreed that his side would put in its statement of claim and legal submissions before the next date.
Dermot Francis Sheehan, barrister for Brady and Synott, told the judge his side had suggested mediation of the dispute.
Irish Rail and CIÉ will be asked for instructions in relation to this proposal, the court was told.
The judge adjourned the case for a week.