A woman has brought High Court proceedings against parties including her estranged husband in an attempt to have a receiver appointed over a partnership which owns a hotel in Dublin’s Temple Bar.
The action has been brought by Sheelagh Conway who has brought proceedings against experienced businessman and her estranged husband Frank Conway and John Harty who are all partners of the Peig Sayers Hotel Partnership.
Mr Harty it is claimed is a trustee of the partnership, which allegedly owns the 29-bedroom Riverhouse Hotel complex, which also consists of a bar and a nightclub, at Eustace Street in Dublin 2.
In her action, Ms Conway claims that the partnership is not being run correctly and that Mr Conway, from whom she has been separated from for 20 years, is not acting in good faith or honesty towards her.
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She seeks to have the partnership formally wound up and its assets sold.
The claims are denied.
She claims that she has been excluded from the management of the partnership and claims Mr Conway is putting the partnership’s assets in jeopardy by, she alleges, “treating the assets as his own”.
She claims that Mr Conway has not made any repayments on the partnership’s financial borrowings since her estranged husband allegedly took control of the property in 2020.
That action, it is claimed, is the subject of separate High Court proceedings.
She claims that he is not treating her as his equal within the partnership and claims that it is now necessary for the partnership to be dissolved.
As a result, she claims that the partnership has been dissolved and wants experienced insolvency practitioner and accountant Mr Myles Kirby appointed over the partnership.
If appointed, he would take over the running of the business and take control of the assets until the court had determined the matter.
Ms Conway is also seeking various orders and declarations including an order winding up the partnership and an order for the sale of the partnership’s assets, which would be conducted by the receiver.
She further seeks a declaration that the partnership has been formally dissolved on the grounds that is just and equitable.
The matter was mentioned before Friday’s vacation sitting of the High Court when Gary McCarthy SC, instructed by solicitor Tom Casey for Ms Conway said the parties had agreed to adjourn the matter.
This was to allow the defendants to reply to the claims, counsel said. The matter was urgent and should be heard by the court as soon as possible.
Past agreements made by Mr Conway had been broken, counsel said.
Andrew Walker SC for Mr Conway said his client fully rejects all the allegations against him and said that the matter was not in any way urgent.
Counsel said that his client did not accept the claim regarding past agreements.
Mr Healy was not represented, and no representations were made to the court on his behalf, during the brief hearing.
Mr Justice Mark Heslin adjourned the case, to allow Mr Conway file a replying affidavit, to a date in October when the new legal term begins.
