Fresh legal actions have been brought before the High Court regarding the ownership of the 16-bedroom Aberdeen Lodge hotel in Sandymount, Dublin.
In one set of proceedings, Stairway Property Company Limited, which claims it purchased the property in September, is seeking various orders, including one for possession of the lodge, against the “boutique hotel” operators, Patrick Halpin and his partner Ann Keane.
In a second set of proceedings, allegedly initiated after Stairway claims it purchased the hotel, the couple and a related corporate entity commenced proceedings against Stairway and parties including the State.
On Friday Padraic Lyons SC, appearing with Eoin Martin BL, for Stairway Property, told Mr Justice David Nolan the property had been the subject of “long and storied litigation” for many years.
His client acquired the hotel for a substantial sum from financial fund Everyday Finance.
A few weeks later, counsel said, Mr Halpin, Ms Keane and Elektron Holdings Limited issued proceedings against it, Everyday Finance, Ireland and the Attorney General.
In the action, counsel said the couple and Elektron had sought a declaration that the property, where they live with their children, was their family home “despite the fact that they do not own the property”.
Stairway does not accept the property is the couple’s family home.
The couple and Elektron had also sought to challenge part of the Conveyance Act, counsel added. Counsel said it was their case that the action was “an abuse of process” and an attempt to delay and frustrate his client’s efforts to lawfully take possession of the hotel.
His client has brought proceedings against the couple, Elektron, which is in receivership, Madison Manor Limited, which is the corporate entity that operates the hotel, and all persons in occupation of Aberdeen Lodge.
In that action, counsel said, Stairway seeks orders including an injunction granting it possession of the hotel.
[ Aberdeen Lodge couple ‘seriously distorted’ legal battle resultOpens in new window ]
After considering submissions ex parte, Mr Justice Nolan granted Stairway permission to serve short notice of its applications on the defendants.
The judge adjourned the matter to a date later this month.
The court heard the couple had operated the hotel for many years. However, over the past decade they fought bids before the High Court of Appeal and Supreme Courts to repossess the property.
Receivers were appointed over the property over an alleged failure to repay a debt of €24 million to Irish Bank Resolution Corporation, arising out of loans they took out. Their alleged debt was sold to Kenmare Property Finance, which in turn sold it to Everyday Finance.
