High Court

A High Court judge has said that she will give her ruling as soon as possible on claims by the FAI that certain parts of documents it has given to the Office of the Director of Corporate Enforcement are legally privileged.

The documents form part of the ODCE’s probe into “certain matters” concerning the association.

In a motion, brought under the 2014 Companies Act, the ODCE has asked the High Court to determine if certain parts of documents provided to it by the FAI are legally privileged and cannot be used as part of the ODCE investigation.

Ms Justice ….read more

KBC bank’s application for a High Court injunction, requiring the family at the centre of the Co Roscommon eviction controversy to leave their home, will be heard in October.

KBC seeks an order requiring siblings Mr Michael Anthony, Mr David and Ms Geraldine McGann to vacate their family home at Falsk, near Strokestown in Co Roscommon.

The case was briefly mentioned before Ms Justice Leonie Reynolds on Thursday.

The judge dismissed an application brought on behalf of David McGann to have separate proceedings he has brought consolidated and heard at the same time as KBC’s application for an injunction.

In those proceedings, ….read more

A dispute involving a Catholic priest facing drug charges in the United States and his siblings over their late mother’s will has been fixed for hearing before the High Court in December.

The case involves Fr Michael O’Leary, who along with his brother Mr John O’Leary is being sued by their siblings Ms Nora Harpur, Mr Barry O’Leary, Mr Tadgh O’Leary and Ms Marie O’Leary, and is aimed at setting aside the late Elizabeth O’Leary’s will.

It came before Ms Justice Leonie Reynolds on Thursday.

In their action, the plaintiffs seek an order condemning a will made in 2009 by Mrs O’Leary, ….read more

The Supreme Court has dismissed an appeal brought by a man allegedly involved with Islamic terrorism over decisions that resulted in his deportation from the State.

The man, who cannot be identified for legal reasons, was deported to Jordan in 2016 on security grounds due to his alleged activities with groups including ISIL, ISIS, Daesh or the Islamic State of Iraq and the Levant.

The court heard that one of the man’s sons was killed fighting in the Syrian Civil war.

In his action against the Minister, the man had sought orders including one setting aside the deportation order and compelling ….read more

The ODCE has asked the High Court to determine if parts of documents held by the FAI’s auditors Deloitte are legally privileged.

In a motion, brought under the 2014 Companies Act, the ODCE wants Ms Justice Leonie Reynolds to examine this additional material, provided to it by Deloitte as part of the probe into “certain matters” concerning the association.

A decision from the court as to whether certain documents given by the association to the director are to be assessed to see if they are legally privileged or not is expected to be made before the end of the month.

The ….read more

A legal action concerning the use of documents, and interpretation of the terms of reference, by the State investigation into the sale of Siteserv has been resolved at the High Court.

Under the settlement of the dispute between Island Capital Management Ltd and the Commission of Investigation into certain transactions of Irish Bank Resolution Corporation, a statement was read to the court on Tuesday.

It said the settlement “has been entered into in order to ensure that the work of the Commission is not delayed”.

Island, which led the 2012 acquisition of Siteserv (now called Actavo) by Millington – a company controlled by ….read more

A dispute between Irish Life and a UK-based fashion retail group over the purported termination of a lease for a premises in Cork City has been admitted to the fast-track commercial court list.

Irish Life Assurance PLC has brought proceedings against the UK based Arcadia Group Ltd over a lease entered into in 1987 in respect of premises owned by Irish Life located No 101 Patrick Street in Cork.

The annual rent for the premises is €650,000. The lease is due to expire in 2022.

Earlier this year Arcadia, which operates well-known fashion brands Burton, Dorothy Perkins, Evans, Miss Selfridge, ….read more

The High Court has dismissed an action by a management company representing residents of a South Dublin apartment block over being prevented from directly accessing a hotel in the development.

Beacon One Management Company Ltd sued Beacon Leisure Investments Ltd, which operates the Beacon Hotel in Sandyford Business Park, in Dublin.

Beacon One manages some 70 apartments which are in the same unit – Block E in the Beacon Court development – as, but are separate entities to, the hotel.

The action was taken over the hotel owners proposals to stop the apartment residents from gaining access to the hotel via ….read more

A demand by a group of Chinese businesspeople against a waste-to-energy firm to repay a €1.5m loan plus interest, has been admitted to the fast-track commercial court list.

Quoquing Wu and Jianyu Qi, who are based in Dublin, as well as Yuanming Chi, Xueqi Wang, Jingli Li, Qiling Li and Kailin Yao, who are based in China, have brought proceedings against Premier Green Energy Holdings Ltd, which is based in Cabragh Business Park Thurles, Co Tipperary.

Premier Green Energy is a design, fabrication and manufacturing business for the provision of bespoke waste-to-energy conversion technology solutions.

The plaintiffs allege that they advanced ….read more

A dispute over an alleged right of way between the Royal College of Surgeons and siblings who own apartments adjoining the college’s property at Stephen’s Green in central Dublin has been admitted to the fast track commercial court list.

The action arises out of the RCSI’s plans to demolish an existing building and build a new €88m education and research facility at its property at the Ardilaun Centre, close to apartments at Ardilaun Court owned by Sharon O’Malley and her brother Conor O’Malley.

The O’Malleys say that for more than 20 years they have been accommodated by rights ….read more

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