Injunction against sirens near Meath hotel is being complied with, court told

High Court reporters

An injunction preventing the use of a siren or anything alleged to be causing loud noises near a Co Meath hotel and wedding venue is largely being complied with, the High Court has heard.

Last week Lefgem Limited, and Wave Prime Limited which are the owners and operators of the Four-Star Johnstown Estate hotel secured a temporary High Court injunction restraining three persons who claim they are the owners of three luxury holiday lodges located near the hotel, from generating loud noise near the venue.

The noise from the siren, it was claimed, were part of a dispute between the parties after the hotel ceased providing services including power and water to the defendants' lodges.

Siren noise ceased

When the matter returned before the High Court on Wednesday Mr Justice Brian O'Moore was told that the noise from the siren had ceased.

Signs allegedly erected on one of the defendant's lodges criticising the plaintiffs' owner, businessman Barry English, had also been removed.

Barrister Bernard Dunleavy SC for the plaintiffs said that two of the three defendants David Godwin and Martin Kennedy, who both attended court, were prepared to give written undertakings to comply with most of the terms of the injunctions.

Counsel said that while this was a welcome development, issues remain about the defendants' use of power generators, which he said also create a noise nuisance.

No undertakings had been offered in relation to the generators, counsel said, however as a compromise his side was prepared to supply the defendants with smaller generators which would make less noise.

Representing themselves Mr Godwin and Mr Kennedy said they need the generators to provide electricity to their properties.

They rejected claims that the generators are the type of ones used for industrial purposes.

Mr Godwin argued that he had been using the same generator for some time, and it was only now that the plaintiffs were making a complaint about it.

The court heard that the third defendant Mr Peter Wilson was in Spain and was not in court.

The judge said he was prepared to accept Mr Godwin and Mr Kennedy, who represented themselves, undertakings rather than to continue the terms of the injunction regarding the use of the siren.

He said that any breach of those undertakings would have "serious consequences."

Compromise urged

He said that he was continuing the injunction in respect of the generators but urged the parties to try and reach a compromise in relation to their use.

The judge adjourned the matter to a date in August. As Mr Wilson had not attended court, the judge said he was continuing the orders granted last week against him.

Seeking the orders, the plaintiff companies had claimed that the hotel's business had been severely disputed by the generation of the loud noises from the siren, which had been going off for several hours at nighttime.

The disruption, it is claimed, is part of an ongoing dispute between the plaintiffs and Mr Godwin of Boroimhe Ash, Swords, Co Dublin, Mr Wilson C/o Lodge 416, The Johnson Estate, Enfield Co Meath and Mr Kennedy Lorcan Villas, Santry Dublin 9.

The defendants claim they each own one of several lodges built near the hotel as part of the overall development at Johnstown.

The plaintiffs claim they have no legal obligation to continue to supply electricity and water to any of the lodges not owned by the hotel, and they cut off those services resulting in a series of events between his clients and the defendants.

The most recent development in the dispute commenced early this year when it is alleged that on several occasions Mr Godwin set-off an air-horn late at night.

It is claimed that he then began to set off a siren, powered by a noisy generator, that has caused significant disruption to the hotel and has damaged its business reputation.

The hotel claimed it could not function with the loud noise going through the night, and unless restrained it was feared that the disruption would continue.

On Friday Mr Justice O'Moore granted the plaintiffs a temporary, ex-parte, injunction restraining the noise.

The injunction also restrained the defendants, or anyone else who is aware of the order, from using a siren, air-horn, alarm or power generators for the purpose of generating loud noise near the hotel.