Courts / Dublin / Report

Row over Mount Anville lands admitted to fast-track list

Date
2018-06-25

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

Mr Justice David Barniville admitted a commercial dispute to the fast-track Commercial Court list. Care Prime Holdings Ltd, First Care Ireland Ltd, and Beneavin Contractors Ltd brought proceedings against members of the Society of Sacred Heart, a Roman Catholic religious congregation. The plaintiffs claim ownership rights over Mount Anville lands in Dublin 14, including the Cedar House nursing home and 1.5 acres known as the Walled Garden. They seek declarations of proprietary interest, trust arrangements, and damages for alleged misrepresentation and unjust enrichment. The Society rejects these allegations, stating that while negotiations for a sale occurred in 2014, no binding agreement was concluded and talks ended in November 2017. In a sworn statement, Mary Anne Carmel Flynn, a member of the congregation, described the claim as spurious and without substance, arguing it is designed to pressure the Society and create a blot on its title to assets valued between €4.9m and €6.1m. The defendants sought fast-track admission to resolve the matter expeditiously. The plaintiffs consented to the case being admitted to the list. The matter was adjourned for further proceedings on the fast-track list.