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Jackie Lavin gets Bill Cullen action date

Summary

Jackie Lavin's High Court action against her partner Bill Cullen and Glencullen Properties Ltd over an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to the businesswoman has been scheduled for a hearing in October. Ms Lavin, of Osberstown House Naas Co Kildare, has brought proceedings against Glencullen Properties Ltd and Mr Cullen, also of Osberstown House, Naas. Mr Cullen is the firm's sole shareholder and a director of the company. The case was briefly mentioned before Mr Justice Paul Gilligan at the High Court on Thursday, who was informed that the matter would take five days to hear. The judge said that because of the volume of cases waiting to be heard, the court would not be able to hear a five day action between now and the end of July when the legal year ends. Noting that witnesses in Ms Lavin's action have to travel to Dublin from abroad, the judge said he was listing the case for hearing on October 25th next. In her proceedings, Ms Lavin claims she has been a longtime resident of Killegy House which she says is her home. She claims Ulster Bank created a charge over Glencullen's assets in 1999, including Killegy House. In 2009 Glencullen sought additional credit facilities from Ulster Bank to allow it continue to trade during the downturn. The bank, she claims, was unwilling to do this unless €1m was invested in the company. Following the sale of a property they had in Florida for US$7.25m, Ms Lavin said she agreed to advance Mr Cullen €1m so he could pay down Glencullen's liabilities. As part of the arrangement, Killegy House would be sold to her, it is claimed. She said she paid over €757,000 to the company but it has failed to complete the sale of the property to her. She claims she has suffered loss and damage as a result of being deprived of the opportunity to buy the house. After the company was placed in receivership, it secured an order from the Residential Tenancies Board requiring her to leave Killegy House. In her action, she seeks an order for the specific performance directing the sale of Killegy House to her. She also seeks an order prohibiting the defendants from entering into any contract for sale of the property other than with Ms Lavin. Glencullen Properties denies the claims and argues that she is not entitled to any of the orders she seeks. In its defence, the company says it accepts Ms Lavin agreed to advance Mr Cullen €1m so he could loan Glencullen funds to reduce its liabilities. The company denies the monies were advanced as part of an agreement to sell Killegy to Ms Lavin. Glencullen says it never agreed to sell her the premises for any sum of money nor is there any contract of sale between the parties. It also says that at no time prior to May 2013 did Ms Lavin mention any agreement involving her buying the property from Glencullen. The company also says Ms Lavin has failed to comply with the order it obtained requiring her to leave Killegy and has brought enforcement proceedings before the Circuit Court. Mr Cullen has not delivered a defence to the action.

Who, what, where, when and why

What: Report matter: Jackie Lavin gets Bill Cullen action date. Procedural stage: hearing_or_decision

When:

• October 25th Hearing Or Sentence
• May 2013 Other
• 2017-04-27 Publication

Why: The judge said that because of the volume of cases waiting to be heard, the court would not be able to hear a five day action between now and the end of July when the legal year ends. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report