Jackie Lavin case against Bill Cullen adjourned

Jackie Lavin's legal action against her partner Bill Cullen and one of his companies over alleged failure to complete a €1 million deal for the sale of Killegy House in Co Kerry to the businesswoman has been adjourned to facilitate settlement talks.

Ms Lavin, Osberstown House, Naas, Co Kildare, had brought proceedings against Mr Cullen, of the same address, and Glencullen Properties Ltd. Mr Cullen is a director of the company and its sole shareholder.

Ulster Bank had in 2012 appointed accountancy firm Kavanagh Fennell as receivers over the company’s assets, including Killegy House, Muckross, Killarney.

The case was listed for hearing before Mr Justice Paul Gilligan at the High Court on Wednesday but was adjourned while talks continued between the sides. It is due to be mentioned before the court on Thursday morning.

In her proceedings Ms Lavin, who says she is in a committed relationship with Mr Cullen, claims Killegy House is her home.

She claims Ulster Bank created a charge over Glencullen’s assets in 1999, including Killegy House.

In 2009, when Glencullen sought additional credit facilities from Ulster Bank allowing it continue to trade during the downturn, the bank was unwilling to do that unless €1 million was invested in the company, she claims.

Following the sale of a property of the couple in Florida for US$7.25 million, Ms Lavin said she agreed to advance Mr Cullen €1 million so he could pay down Glencullen’s liabilities.

The arrangement provided Killegy House would be sold to her but that aspect of the arrangement was not completed and she has suffered loss and damage as a result of being deprived of the opportunity to buy the house, she claims.

After the company was placed in receivership, it secured an order from the Residential Tenancies Board requiring her to leave Killegy House, she said.

In her action, she wants orders for specific performance of the agreement and directing the sale of Killegy House to her.

Glencullen Properties denies all the claims and pleads she is not entitled to any of the orders she seeks.

In its defence, the company said it accepted Ms Lavin agreed to advance Mr Cullen €1 million so he could loan Glencullen funds to reduce its liabilities. It denies the monies were advanced as part of an agreement to sell Killegy to Ms Lavin or that it agreed to sell her the premises.