MEDIATION TALKS have failed to resolve a dispute between the six adult children of the late Judge Noel Ryan over the management of some €15 million in property assets acquired by their parents and themselves, the Commercial Court heard yesterday.
Mr Justice Peter Kelly was told that while considerable progress had been made in mediation, the talks had failed to settle the dispute. In those circumstances, the judge made directions aimed at having the case heard later this year.
He stressed those directions would not affect any continued negotiations between the sides, adding this was a “very unfortunate” case of a family at war. He urged the sides to really try and resolve their differences without a “blood-letting” in a public court.
The judge was also told by counsel for the defendants they believed there was no requirement for the plaintiffs to bring any application to appoint a receiver or manager over the properties involved as there was consent to such a manager being appointed.
Four of the Ryan siblings have made a number of allegations about how their solicitor brother, Oran Ryan, managed the former family partnership or firm which owns various properties, mainly in Dublin. Due to alleged acts or omissions by Mr Ryan and their sister Trinette Larkin, the four claim they cannot sell any properties owned by the firm.
The firm was dissolved in October 2007 by Marie McGovern (nee Ryan), one of the plaintiffs, on notice to all members of the firm. The plaintiffs now want orders for its winding up, the restitution to them of all monies allegedly withdrawn by the defendants, or either of them, from the firm without the plaintiffs’ consent, and damages.
The plaintiffs claim they have tried unsuccessfully since October 2007 to reach agreement with the defendants on how the firm’s assets are to be distributed and its liabilities discharged.
The action is by Declan Ryan, Sittingbourne, Kent, England; Marie McGovern, Foxrock, Dublin; Martin Ryan, Southern View, Baily, Co Dublin; and Irene Ryan, Stonepark Abbey, Grange Road, Rathfarnham, Dublin against Oran Ryan, a solicitor, Westminster Road, Foxrock, Dublin, and Trinette Larkin, Countess Road, Killarney, Co Kerry.
All six were former members of a partnership known as the Ryan Partnership, Ryan rentals or Ryan Family Rentals. The plaintiffs said their parents Noel and Lorna Ryan had acquired properties in Dublin for investment purposes. The parties later acquired other properties for investment purposes in Dublin and at Portnoo, Co Donegal.
