A dispute over a hotel operated by companies of businessman and horse owner Conor Clarkson has been settled, the High Court has heard.
The case concerned the Powerscourt Arms Hotel in Enniskerry, Co Wicklow, and its operating company Bereryscape of which Mr Clarkson was a director. Mr Clarkson owned the 2005 Cheltenham Gold Cup winner Kicking King.
The case arose when in September 2023 Capitalflow Group DAC demanded repayment from Bereryscape of a €1.15 million loan it had been provided with. There was no repayment and joint receivers were appointed over the hotel.
Bereryscape brought proceedings challenging the appointment of the receivers.
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Capitalflow and the receivers then brought proceedings against Bereryscape, and two other companies of which Mr Clarkson was also a director, Cudsea Ltd and Eniflex Ltd. Orders and declarations were sought including that any lease on the hotel between Bereryscape and Cudsea was invalid.
It was claimed that Cudsea leased the hotel to Eniflex which runs a pub on the premises and also had a government contract to accommodate Ukrainian refugees in the hotel.
Capitalflow and the receivers sought orders that Bereryscape and/or Cudsea and/or Eniflex cease trading there immediately and also deliver up vacant possession.
It was claimed that Bereryscape had sought to delay or frustrate the planned sale of the property for €2.5 million. This sale contract was entered into before the receivers’ appointment, it was claimed.
The claims were denied.
An application to admit the dispute to the fast-track Commercial Court was rejected in November 2023 which meant the case had to proceed through the normal chancery division of the High Court.
The case was listed a number of times in that court since 2023 and adjourned each time.
On Tuesday, Mr Justice Brian Cregan was told by Keith Farry BL that thanks to the time given by the court to the parties a settlement had been reached and the case could be adjourned to later this month for its finalisation.
