Dispute over Dalymount sale in court
Irish Times - 17 July 2007
A dispute which could delay the sale of Bohemians FC’s grounds at Dalymount Park in Dublin has come before the High Court.
Bohemians FC Ltd claims it has sold the lands at Dalymount in Phibsboro for 35 million to Danninger Ltd under a contract of April 2007 as part of a deal under which the club will have a stadium built for it at Harristown, Co Dublin, with improved facilities and an additional sum for running its operations.
It says the sale may be delayed because construction companies with interests in Phibsboro Shopping Centre, which adjoins Dalymount, are attacking the club’s ability to deliver good title to the lands and are claiming they had a prior concluded agreement for sale of the lands.
Mr Justice Peter Kelly yesterday admitted proceedings by Bohemians FC Ltd against Albion Properties Ltd, Albion Enterprises Ltd and Pascal Conroy to the list of the Commercial Court, the commercial division of the High Court. The defendants had earlier initiated separate proceedings.
Hugh Mohan SC, for Bohemians, said there was agreement between the sides that the case could be admitted to the list.
The judge said he would admit the proceedings brought by Bohemians and the counter-claim by the defendants. He made directions for the exchange of legal documents, placed a stay on the Albion action and said he would make further directions in the matter in October.
In its action, Bohemians claims that there were discussions with the defendants from 2001-2006 in relation to the proposed sale to them of part of the Dalymount lands. However, there was no concluded oral agreement for any sale, it is claimed.
The negotiations with the Albion parties had broken down by October 2006 after which Bohemians said it entered negotiations with Danninger in relation to the sale of all of the lands. Those were successful and led to a concluded written contract of April 18th, 2007, it is claimed.
However, on April 20th, the defendants had written through their solicitors to Bohemians asking it to “execute the heads of agreement which terms are clearly now agreed”. The letter also said that if Bohemians failed to do so, the defendants would issue court proceedings if necessary.
On May 23rd, the defendants asserted they had an agreement with Bohemians for the purchase of certain lands at Dalymount.
Bohemians say such claims of a concluded or enforceable contract could interfere with the sale of Dalymount to Danninger and could constitute an attempt to interfere with Bohemians’ contractual obligations under the contract with Danninger.
It wants an order restraining the defendants from asserting they have an enforceable contract in relation to the sale of any of the lands at Dalymount. The defendants have counter-claimed for specific performance of concluded agreements alleged to have been reached for sale of part of the Dalymount lands to them.
