A couple have claimed in the Commercial Court that the €4 million sale of an office building they own in Sandyford Business Park in Dublin is being held up by a company which obtained approval to use it for emergency international protection applicants but which never went ahead.
Andrew Mullins and his wife Juliet, of Maple Road, Clonskeagh, Dublin, own the 18,500 sq ft detached three-storey Heron House office block on a high profile corner site at Corrig Road/Blackthorn Road.
In August last year, discussions were held with Stepcore Property Ltd and an entity the Mullins were given to understand was called SBD Property Ltd about proposals to lease the building for international protection applicants, the Mullins claim.
Heads of terms were entered into on a “subject to contract/contract denied” basis. It subsequently transpired that SBD was not a legal entity and had not been registered in the Companies Office, it is claimed.
This in turn led to the incorporation of Stepcore Property last September after which it (Stepcore) was the entity dealing with taking the lease. Stepcore ultimately obtained confirmation from the local authority that the use for international protection was exempt development.
However, the Mullins claim discussions between them and Stepcore never progressed beyond the exchange of draft agreements and the property was put back on the market last February.
The Mullins subsequently agreed to sell it to a third party for €4 million.
However, a legal warning known as a “lis pendens” was registered over the property by Stepcore which has held up the sale. Stepcore is claiming a proprietary interest in the property.
The Mullins deny that claim.
They are seeking an order that the lis pendens be vacated as it is not being prosecuted in a bona fide way and/or that there has been unreasonable delay by Stepcore.
The case was entered into the Commercial Court on Monday on the application of Andrew Fitzpatrick SC, for the Mullins. Stepcore was neutral on the application.
Mr Justice Mark Sanfey adjourned it for hearing in July.
