Nine One One Ordered To Leave Esso Garages
Published on Dec 2 2013 11:52 AM in General Industry
The High Court has ordered the food service company Nine One One Retail to leave 32 Esso stations by February 28 2014.
Nine One One had sought to remain in the garages until the end of May 2014, arguing it needed that amount of time to address several issues, including the entitlements of employees.
Maurice Collins SC, for Esso, said Nine One One should have vacated the premises by June 2012 at the latest and any further stay would have to be sought from the Supreme Court should Nine One One decided to appeal his findings against it.
Mr Collins awarded legal costs against Nine One One of the proceedings brought against it by Esso Ireland Ltd and Ireland Roc.
The food service group entered into an agreement with Esso to provide food facilities at the Esso service station at Sandford Road, Ranelagh, Dublin, and similar arrangements were entered into concerning 31 other service stations under an operating agreement of June 2002.
Esso claimed the existing operating agreement, having been extended in May 2012 for another year, was to end in June 2013.
In May 2013, it issued a notice of termination but Nine One One argued the operating agreement was not validly terminated and continued to operate the food services.
Esso then initiated proceedings alleging Nine One One was in unlawful occupation. Nine One One denied the claims and counterclaimed for damages on grounds including alleged breach of contract.
Mr Justice McGovern concluded Nine One One was not entitled to assert a tenancy or to an additional or extended notice period in relation to Esso's termination of the operating agreement.He also found Nine One One was not entitled to damages after rejecting claims Esso acted in breach of contract and failed to negotiate in good faith.