Bellew v Cement Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 August 1948
• Date: 01 August 1948
• Court: Supreme Court

(S.C.),

Bellew

and

Cement Limited

Blasting of stone for manufacture of cement - Injunction - Interlocutory injunction granted to restrain blasting pending hearing of action - Long vacation supervening -Manufacture of cement dependent upon blasting -Defendants sole manufacturers of cement in Eire -Convenience of the public - Whether Court is entitled to consider convenience of public -Principles on which interlocutory injunctions should be granted.

The defendants were the sole manufacturers of cement in Eire. Most of the raw material used in the manufacture was drawn from a quarry which they had purchased from the plaintiff. Some time after this purchase the plaintiff built a house on ground overlooking the quarry. Plaintiff's occupation of this house was interfered with by defendants' blasting operations, and he issued a plenary summons against them, claiming, inter alia, an injunction. On the 29th July, 1946, he applied to Gavan Duffy P. for an interlocutory injunction restraining the defendants from blasting in the quarry, pending the hearing of the action. Defendants urged (inter alia), that, as the long vacation was at hand, such an injunction would involve the cessation of blasting for several months and alleged that this would result in no cement being available at a time when building was an urgent...