Apartment at centre of U2 star's theft claim to be sold
A NEW York city apartment owned by Adam Clayton's former personal assistant -- who is accused of misappropriating the rock star's money -- is to be sold, the High Court was told yesterday.
The money from the sale is to be held in a bank account pending the hearing of the main proceedings by Mr Clayton over the alleged misappropriation by Carol Hawkins, who is subject to a court order freezing her assets.
The apartment at 300 Rector Place, New York, was bought by Ms Hawkins in 2007 for $465,000 (€376,800) without a mortgage, it is claimed.
Ms Justice Mary Laffoy yesterday approved an order drawn up between the parties in which the proceeds from the apartment will be held in an ordinary joint account in the names of both their solicitors.
Any payouts from the account are to be made in accordance with an injunction obtained last December against Ms Hawkins by Mr Clayton in which she was ordered not to reduce her assets below €1.8m.
Yesterday's order also requires that any payout for Ms Hawkins' legal fees shall be limited to fees "reasonably and properly incurred" in defence of the proceedings against her.
Emily Egan, counsel for Mr Clayton, said on the basis of the order, applications by both sides in relation to last December's injunction could be struck out. Mr Clayton had sought to vary the order by applying to the New York courts to have their equivalent of a "lawsuit pending" notice attached to the apartment notifying potential purchasers of a legal dispute. Ms Hawkins brought a separate application seeking to sell the apartment and the proceeds be held by a receiver pending a further court order here.
Under the terms of yesterday's agreed order there was now no need to proceed with those applications, the court heard.
In his main proceedings against Ms Hawkins, of Crannagh Road, Dublin 14, Mr Clayton claims she misappropriated large sums of his money to acquire a number of assets, including the New York apartment. She denies doing so but has admitted using credit cards and taking money without authorisation.