Two Dublin property owners have brought legal proceedings against solicitor Thomas Byrne, and others, alleging they are entitled to be registered as the owners of six properties, valued at €2.7 million, in Walkinstown and Clondalkin in west Dublin.
Anglo Irish Bank has appointed receivers over the six properties, the Commercial Court heard.
Mr Justice Peter Kelly yesterday admitted to the list of the Commercial Court the proceedings by Terry Connors, a taxi driver, of Keadeen Avenue, Walkinstown, and Matthew Connors, a property owner, of Oatfield Avenue, Clondalkin, against Mr Byrne, Anglo Irish Bank, and John McStay and Jim Luby of McStay Luby, Dargan House, Fenian Street, Dublin.
The plaintiffs say they are engaged, inter alia, in the business of renting out houses for profit and own and operate a large number of rental properties in the Dublin region. After being told by counsel there had been difficulties in serving Mr Byrne with the proceedings, the judge directed that they be advertised in The Irish Times and Times of London. He added that Mr Byrne has liberty to apply to vary or discharge his order.
In the action, the two plaintiffs say they are the owners of six properties - 26 St Mark's Gardens, Clondalkin; 6 Wheatfield Avenue, Clondalkin; 36 The Crescent, Wheatfield, Clondalkin; 23 St John's Drive, Clondalkin; 35 Limekiln Drive, Walkinstown; and 35A Limekiln Green, Walkinstown.
They claim they learned, after purchasing the properties, that Mr Byrne went on to fraudulently register those properties and procure charges against them in his own name without their knowledge or instruction.
It appeared Mr Byrne had, at some time in 2006, mortgaged or charged the properties to Anglo Irish Bank and that Mr McStay and Mr Luby were subsequently appointed as receiver by the bank over the properties.
In their proceedings, the plaintiffs are seeking declarations that they are the owners of the six properties and they also want damages for alleged negligence, fraud and slander of title. They say they want the matter of their title to the properties resolved speedily as Mr McStay and Mr Luby, acting as receivers and managers appointed by the bank, are attempting to collect rents which, it is claimed, are properly due to the plaintiffs. Meanwhile, in proceedings by the Law Society against Mr Byrne, the president of the High Court, Mr Justice Richard Johnson, yesterday continued orders against Mr Byrne relating to the Law Society's continuing investigation into his practice, Thomas Byrne & Company, at Walkinstown Road, Dublin.
The court heard the Law Society was awaiting a response from Mr Byrne to written queries in relation to insurance run-off cover for his practice.
