Fresh legal disputes over ownership of Dublin 4 'boutique' hotel

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Fresh Legal Disputes Over Ownership Of Dublin 4 'Boutique' Hotel
The ownership of the Aberdeen Lodge Hotel in Sandymount is in dispute. Photo: Google
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High Court reporter

Fresh legal actions have been brought before the High Court regarding the ownership of the 16-bedroom Aberdeen Lodge Hotel in Sandymount, Dublin 4.

In one set of proceedings, Stairway Property Company Limited, which claims it purchased the property in September this year, is seeking various orders, including an order for possession of the lodge, against Patrick Halpin and his partner Ann Keane, who operate the "boutique hotel."

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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 that his client had acquired the hotel, which has been the subject of "long and storied litigation" for many years, for a substantive sum from financial fund Everyday Finance.

Mr Lyons said that a few weeks afterwards Mr Halpin, Ms Keane and Elektron Holdings Limited, issued proceedings against it, Everyday Finance, Ireland and the Attorney General.

In the action the couple and Elektron have sought a declaration that the property, part of which where they live with their children, is their family home "despite the fact that they do not own the property," Mr Lyons said.

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Stairway does not accept that the property is the couple's family home.

The couple and Elektron have also sought to challenge part of the conveyancing legislation, Mr Lyons added. He said it is their case that the action is "an abuse of process" and an attempt to delay and frustrate his client's efforts to lawfully take possession of the hotel.

Mr Lyons said 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 Mr Lyons said Stairway seeks orders, including an injunction, granting it possession of the hotel.

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Stairway has also brought a motion in the proceedings brought against it, where it is asking the court to make directions for the exchange of legal documents in that action.

Mr Lyons said this was being done in order to have that action determined by the courts as soon as possible.

It also seeks declarations including that Stairway is the lawful owner of the Dublin 4 property.

After considering Mr Lyons's submissions, Mr Justice Nolan granted Stairway Property, on an ex-parte basis, 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 that the couple have operated the hotel for many years.

However, over the last decade they fought bids before the High Court of Appeal and Supreme Court to repossess the property.

Receivers were appointed over the property over an alleged failure to repay a debt of €24 million to IBRC, arising out of loans they had taken out.

Their alleged debt was sold first to Kenmare Property Finance, which in turn sold it to Everyday Finance.

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