Row over sale of nursing home and land owned by nuns admitted to fast-track court list

A dispute over an alleged agreement over the acquisition of a south Co Dublin site where a private nursing home is owned and operated by an order of nuns has been admitted to the fast-track Commercial Court list.

Row over sale of nursing home and land owned by nuns admitted to fast-track court list

By Ann O'Loughlin

A dispute over an alleged agreement over the acquisition of a south Co Dublin site where a private nursing home is owned and operated by an order of nuns has been admitted to the fast-track Commercial Court list.

The action has been brought by Care Prime Holdings Ltd, First Care Ireland Ltd and Beneavin Contractors Ltd against members of the Society of Sacred Heart Roman Catholic religious congregation.

In proceedings served on the society, the companies claim they have rights of ownership over lands located at Mount Anville in Dublin 14.

The lands in question include a property known as Cedar House which is operated by the Society as a private nursing home and 1.5 acres of land known as the Walled Garden.

The society rejects the claims, in respect of the lands which have been valued at between €4.9m and €6.1m.

It says in 2014 it entered into negotiations regarding the sale of the property and the nursing home.

While contractual agreements were drawn up no agreement was ever concluded and it terminated talks about a sale terminated in November 2017.

However, the companies allege that agreements had been concluded.

In their action, the companies seek various declarations including that they have a proprietary interest in in the lands, and that the defendants hold the lands on trust for the plaintiffs.

The companies also seek compensation and damages for alleged misrepresentation and unjust enrichment.

Lawyers for the defendants sought to have the case admitted to the list as they want the matter dealt with as expeditiously as possible.

In a sworn statement on behalf of the defendants Mary Anne Carmel Flynn, who is a member of the congregation, claimed the proceedings against the society are "without substance" and the claim was "spurious".

She said no statement of claim has been served on the society by the plaintiffs and they have not elaborated their claim "with any clarity or precision."

She alleged the action is a means of exerting pressure on the society to ensure it cannot deal with anyone else in respect of the lands or the nursing home business.

There was and never has been a binding contractual agreement it is claimed and the case is designed to create a blot on the society's title to valuable commercial assets.

Today Mr Justice David Barniville said he was satisfied to admit the action to the fast track Commercial Court list.

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