The High Court has refused Justin Keogh’s application for an immediate order requiring a solicitor to release what he claimed was his share of the proceeds from the €300,000 sale of a jointly owned Blanchardstown property.
Mr Keogh and Laura Sherwin had bought the property at 213 Little Place Paddocks, Blanchardstown, in 1998. An agreement made at the time provided that Ms Sherwin and their son would have exclusive occupation. It also set out how the proceeds would be divided if the property was later sold.
The apartment was sold on December 12, 2008. After repayment of the mortgage, costs and an amount reflecting Ms Sherwin’s original £20,000 contribution, the defendant solicitor initially calculated Mr Keogh’s share at about €105,913.
A dispute then arose over child maintenance. The solicitor, Brian P. Doyle, acting for Ms Sherwin, declined to release the money. He relied on instructions from his client and on a 2004 District Court maintenance order requiring Mr Keogh to pay €100 per week, including €60 towards the mortgage.
Mr Keogh disputed that money should be withheld. He argued that his mortgage contributions had also discharged his maintenance responsibility under the 1998 agreement and maintained that any alleged arrears were a matter for the District Court. He also said he urgently needed the proceeds to meet a separate €95,000 obligation connected with the transfer of another family home.
Mr Justice Murphy did not determine the underlying financial dispute. He identified questions including whether the maintenance term of the 1998 agreement was affected by section 27 of the Family Law (Maintenance of Spouses and Children) Act 1976 and how mortgage payments should be treated.
Because Ms Sherwin was not a party and those issues remained unresolved, the court held that her solicitor could not presently pay out the disputed balance. The mandatory injunction was therefore refused.