The High Court has declined to determine Joseph and Katherine Corcoran’s claim for the return of deposits paid towards Number 6 Glenair Manor within their existing litigation.
Mr Justice Brian O’Moore said the issue could not properly be added to proceedings in which the trial had already concluded and judgment had been delivered on the disputes pleaded by the parties.
The question arose after a December 2024 judgment and a further ruling on April 1, 2025. The judge had suggested that, because of his familiarity with the dispute, the parties might agree to have him determine the deposits issue in a focused and prompt hearing.
The Corcorans agreed, but the Promontoria interests did not. At a May 27 hearing, the court examined what further steps would be required if it were to decide the matter.
Joseph Corcoran said discovery would be needed concerning a Home Bond certificate and that evidence would be required from Grainne White about when it was provided to his solicitor. He also sought a letter of undertaking involving Bank of Ireland, evidence tracing funds from Glenair Manor property sales, and the joinder of Ms White as a party.
Promontoria’s lawyers reserved their position on further evidence, discovery and possible new pleadings.
Mr Justice O’Moore concluded that this went far beyond the limited hearing he had contemplated. The deposits claim had not been pleaded in the existing actions, and adding a new party would require further pleadings and potentially create a three-sided dispute.
The judge noted that the Corcorans already have separate proceedings concerning return of the deposits against Ms White and a former receiver. He therefore declined to decide the deposits issue in the existing cases.
The ruling does not determine whether the Corcorans are entitled to repayment. It decides only that the claim cannot now be resolved as an add-on to the concluded trial.