THE 18TH Baron Inchiquin and head of the O’Brien clan has sued a company controlled by businessman Denis O’Brien over repudiating an alleged agreement for the €10 million sale of lands at Dromoland estate in Co Clare.
Conor Myles John O’Brien, a businessman and landowner of Thomond House, Dromoland, said he “never for one second” believed, when opening discussions on the sale with Denis O’Brien in April 2006 that he “would end up being treated in such a cavalier and disdainful manner by such a prominent and fellow member of the O’Brien clan”.
Dromoland estate had been cleared of tenants and livestock in anticipation that the sale would be completed and remained locked up “for the first time in its proud 1,000-year-old history”. It was “heartbreaking” to see the estate go to seed over the past year, he said.
“I never envisaged when I inherited Dromoland estate from Phaedrig O’Brien, the 17th Baron Inchiquin, upon his death in May 1982, that such a situation would arise during my lifetime.”
The proceedings by Mr O’Brien, the 18th Baron Inchiquin, against Trinity Property Holdings Ltd, a company controlled by Denis O’Brien, were admitted to the Commercial Court this week by Ms Justice Mary Finlay Geoghegan on the application of Donal O’Donnell SC, for the plaintiff. The case arises from option agreements allegedly made on November 22nd, 2006, under which Conor Myles John O’Brien claims he granted TPH an option to buy lands at Dromoland estate for €9.59 million, to be exercised by February 28th, 2007. Subject to that option being exercised, he claims he granted TPH a second option to buy other lands for some €1.46 million.
It is claimed TPH exercised the first option on February 28th, 2007 and the second option on November 21st, 2007, but failed to complete the purchase of either property. The defendant had also on December 3rd last unlawfully repudiated the option agreements, it is claimed.
In an affidavit, the plaintiff said the lands in question on Dromoland estate are separate to Dromoland Castle, which is on adjoining lands. It was evident from the option agreement that TPH had intended to establish and operate a five-star hotel, regional convention centre, international golf course and club and five star housing on the lands to be acquired, he said.
The option agreement came into existence as a result of a meeting he held with Denis O’Brien on April 7th, 2006, and subsequent negotiations, the plaintiff said.
He had e-mailed Denis O’Brien in late August 2007 expressing disappointment about delays and Mr O’Brien had responded assuring there was no unwillingness on his side to complete the deal. Up to August 2008, he and his solicitor continued to deal with TPH and its solicitors addressing various queries and issues.
