Three Irish businessmen have taken High Court proceedings against developer Pat Doherty and his company Harcourt Developments in a dispute over an alleged partnership involved in a number of property deals in London and Jersey.
The plaintiffs claim Harcourt Developments Ltd (HDL) and Mr Doherty are excluding them from the affairs of the partnership, which has the potential of causing great damage to the arrangement.
Mr Justice Peter Kelly yesterday fixed July 31st for the hearing of an application for an injunction restraining HDL and Mr Doherty from dealing with any money in any location or in any account held in the name of, or for the benefit of, four companies - Chelsea Harbour Sarl, Blue Harbour Ltd, Blue Harbour 2 Ltd and Blue Harbour 3 Ltd.
The plaintiffs, who claim they have been wrongly excluded from meetings of those companies, also want injunctions to prevent Mr Doherty and his company from having those companies conduct any business which is not properly constituted. They also want access to the financial records of the companies and to restrain the companies from concluding certain agreements.
The injunctions are being sought pending the outcome of a full action against HDL and Mr Doherty.
The action has been brought by two property developers - Peter Crean, of Maynooth Road, Rathcoffey, Co Kildare; and Andrew Kenny, of Muirhevna, Dublin Road, Dundalk, Co Louth - and solicitor Ivor Fitzpatrick, of St Stephen's Green, Dublin 2.
The proceedings relate to an alleged partnership and/or joint venture between the plaintiffs and HDL in relation to a number of developments in Jersey and London.
Mr Doherty is being sued because partnership property is allegedly held in his name.
In their full proceedings, which were admitted yesterday into the list of the Commercial Court, the commercial division of the High Court, the plaintiffs are seeking declarations that shares in certain companies, together with various development opportunities, are held for the purposes of the partnership.
They are also seeking to have a receiver appointed over certain assets and orders winding up the affairs of the alleged partnership. Such orders were being sought in light of the alleged "very serious and continued breaches" by HDL of the partnership, its denial or equivocation regarding the existence of the partnership and the breakdown in trust between the parties.
The injunction application arose from matters regarding the Chelsea Harbour Hotel, it is claimed. The defendants are accused of failing to provide proper details concerning the operation of the hotel and of taking unilateral actions with regard to the money and affairs of two of the relevant companies.
The plaintiffs say they have a 50/50 share in the equity and control of the hotel, despite attempts by the defendants to force the dilution of the plaintiffs' partnership share.
