Quarry company got licence two days before competitor applied to court

Mullafarry Quarry Ltd, which has an asphalt producing plant near Killala, Co Mayo, obtained its air emission licence last Wednesday from Mayo Co Council, the court was told.

Oisin Collins BL, for Mullafarry, said his client would also have full defence to the claims in relation to planning matters and the quarry which have a long history going back to 1981, counsel said.

Last Friday, Jarlath Fitzsimons SC, for the competitor, Lagan Asphalt, was given permission by the court to serve at short notice its intention to bring injunction proceedings against Mullafarry over what, it was claimed, was the lack of required approvals for its operation.

It arose as part of routine checks which Lagan carries out in relation to competitors when it (Lagan) is competing for public road construction/improvement projects, counsel said. In this case, Lagan and Mullafarry were competing bidders for the Ballina-Sligo Road improvement scheme which Sligo Co Council had invited tenders for and the winner of which is about to be announced.

There was, therefore, a commercial aspect to its claims against Mullafarry, counsel said.

When the case returned to court today, Mr Fitzsimons said the air emissions licence was granted on Wednesday and published in the newspaper on Saturday.

His client had inspected the register of licences with Mayo Co Council on Tuesday and contacted an official but had heard nothing back, counsel said.

In the light of this development, the parties needed time to consider it, he said.

Mr Collins said his client was not given any meaningful opportunity to respond to Lagan before it went to court.

Mr Justice Seamus Noonan said this may have a bearing on any costs application. He did not adjourn it to a specific date but gave the parties liberty to notify each other should the need arise to return to court.