Family dispute could collapse sale of mansion set on over 500 acres of land
A family dispute could collapse the sale of one of the country's few surviving great houses, Castletown Cox in Kilkenny, the Commercial Court heard.
Lord George Magan, the owner of the house before it was put into a trust for his children, is being sued by the Castletown Foundation Ltd which has signed a contract to sell the mansion on 513 acres in south Kilkenny.
The foundation is a British Virgin Islands registered company which is managed by the trustee, DW Trustees Ltd. DW has been the trustee of Eaglehill Trust for certain defined beneficiaries since April 2013.
In its action, the Castletown Foundation seeks declarations including that a tenancy entered into between it (foundation) and Lord Magan in relation to the property in 2010 has been validly terminated because of his failure to pay rent due. It seeks judgment of some €571,000 in rent arrears.
It also seeks a declaration that Lord Magan, of Cambridge Place, Kensington, London, is not entitled to seek a new tenancy under the Landlord and Tenant Act on grounds that it constitutes an abuse of process.
It further seeks an injunction restraining him, his servants or agents, from entering the property without the foundation's consent or from interfering with its right to deal with objects and chattels at or in the property.
On Monday, Mr Justice Robert Haughton admitted the case to the fast-track commercial list.
Earlier, Rossa Fanning SC, for the foundation, said the contract for the sale of the house, for in excess of €19m, is due to close next month and there was concern that the sale may be lost unless the case is dealt with speedily.