No grounds established for injunction preventing trespass where defendants carried out work on behalf of Irish Water

Injunctions - both prohibitory and mandatory injunctions - plaintiffs seek interlocutory Orders restraining the Defendants from trespassing on lands within the Plaintiffs’ ownership, and Orders requiring the Defendants to restore the Plaintiffs’ lands to their former condition - claim that the lands are a public road which has been taken in charge by the local authority - say that the works they carried out were for Irish Water, the works are required to connect the Defendants’ development, which is nearing completion, to public water infrastructure, and that the consent of the Council to carry out works under the public road had been obtained - consent of the Plaintiffs was not required and argue, therefore, that there has been no trespass - Taking in Charge / Declaration of a Public Road - relevant principles - satisfied that the Plaintiffs have made out an arguable case but not one which, on the basis of the evidence presented, could be described as a strong case likely to succeed - plaintiffs have not at this stage made out an arguable case that the Defendants have trespassed because section 41 could not apply to any actions taken by it – sufficient room for doubt that the necessary Order was made under section 11(1) that the Plaintiffs have made out an arguable case that their lands have not been declared to be a public road or taken in charge - having regard in particular to the clear position of the Council, at least as evidenced in the documents before the Court, it could not be said that that is a strong case likely to succeed – not established a strong case likely to succeed – adequacy of damages - Balance of Convenience / Interests of Justice – application refused –