Trainer sues businessman over transfer of land
Former trainer Sheila Flannery claims in August 1996 she put a plot of land in Dunboyne, Co Meath, in Sean Kavanagh’s name for safe keeping, and on the understanding he would keep the site in trust for her benefit.
Ms Flannery, with an address at Lissadel Court, Driminagh, Dublin, claims that at the time she trusted Mr Kavanagh, and that he was her partner in an equine venture. However, she says that he subsequently transferred the property into his name
Mr Kavanagh, Coolevin, Clondalkin, Dublin, disputes the claims. He denies they were business partners and says the she transferred the land to him in return for monies she owed him.
Ms Flannery claims Mr Kavanagh has failed to acknowledge the site is held by him in trust, that he has registered himself as the legal and beneficial owner of the property with the Land Registry.
Ms Flannery, represented by Benedict Ó Floinn, says these alleged actions amount to breach of duty by Mr Kavanagh and has resulted in an interference with her property rights. She wants the court to make declarations that the purported transfer of the land to Mr Kavanagh is null and void, and that he holds the site in trust for her.
She also seeks orders directing Mr Kavanagh to divest himself from any beneficial interest in the property.
Arising out of the alleged transfer, Ms Flannery also brought proceedings against ACC. However at the outset of the hearing ACC said it would abide by any order made by the court.
In her evidence to the court Ms Flannery said in 1996 she was in the process of selling off various plots of land on a farm she had owned in order to repay banking debts. The court heard that around that time she had lost her home and was put out on the side of the road.
She said in 1996, ACC allowed her to keep a site worth £10,000 on the farm. She said in a meeting with a solicitor acting for ACC, to which she owed money, it was suggested the site be put in the name of “somebody she trusted” or a family member. She said when she mentioned the ACC’s suggestion to Mr Kavanagh she said he offered to act as trustee. As part of the deal to put the land in his name he paid her £500 to cover the costs of the legal paperwork and she was also to give him a foal, worth £1,000.
However Mr Kavanagh, she said, transferred the site into his own name.
In reply Mr Kavanagh said during the 1990s he had tried to help out Ms Flannery while she was experiencing financial problems. He denies they were in a partnership.
He said the land in question was transferred to him in lieu of payment for services he provided for her and payments he made on her behalf, including money for animal feed, stabling her horses, vets fees and the provision of vehicles including a horse box.
He said that the value of the site that was transferred to him did not cover all of what he was owed by her.
The action, before Mr Justice Michael White, continues.
