The receivers for Glencullen Properties Ltd, the company formerly owned by Bill Cullen, have begun court proceedings to remove Mr Cullen’s partner, the celebrity businesswoman Jackie Lavin, from Killegy House, a magnificent Italianate-style house with landscaped gardens and tennis court overlooking the lakes of Killarney, built by Mr Cullen.
Ms Lavin, who had been a tenant of the house in Muckross in Killarney National Park in recent years, is taking parallel proceedings in the High Court and is claiming she is the beneficial owner of the property, according to yesterday’s proceedings, by way of motion, in the Circuit Civil Court in Tralee.
Ms Lavin has now been ordered to file her statement of claim, outlining her assertion of ownership, within 14 days.
The receivers, Tom Kavanagh and Ken Fennell, had sought her removal in late 2012 and the dispute went to the Private Residential Tenancies Board.
In February 2014, the PRTB ordered Ms Lavin to vacate Killegy.
Ms Lavin had not left within the 112 days specified by the PRTB order of February 2014, according to the motion proceedings yesterday.
The motion by the receivers was for an order pursuant to section 124 of the Residential Tenancies Act 2004, directing Ms Lavin to comply with the PRTB order regarding the tenancy of Killegy.
The Tralee court was told that Ms Lavin, through her solicitor Denis Lenihan, was seeking a stay in yesterday’s proceedings.
However, Tralee solicitor Patrick Mann, representing Arthur Cox and Co for the receivers, said no statement of claim in the parallel proceedings asserting she was a beneficial owner of Killegy had been filed.
While his clients were not agreeable to a stay, they would agree to an adjournment on the basis that Ms Lavin delivered her statement of claim that she was a beneficial owner of Killegy “within 14 days”.
Judge Carroll Moran adjourned the matter to November, but also allowed the receivers liberty to apply to any court to re-enter the matter should Ms Lavin fail to file her statement of claim on Killegy House within 14 days.
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