Construction magnate Maurice Regan, a bidder for the coveted Barne Estate in Co Tipperary, wrote in a text to a third party that he hoped a newspaper article would give rival bidder and billionaire John Magnier a “heart attack”, the High Court has heard.
US-based Mr Regan appeared in the Four Courts on Wednesday before Mr Justice Max Barrett giving evidence of his involvement in bids for the estate.
It was put to him by Paul Gallagher SC, for the Magnier side, that he sent the WhatsApp message about Mr Magnier.
Mr Regan replied: “All is fair in love and war.”
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Mr Magnier wants the court to enforce a €15 million “handshake deal” for the estate that he claims was sealed at his home on August 22nd, 2023 with Richard Thomson-Moore, an heir to the 751-acre, 17th-century estate.
The Magnier side has sued the Barne Estate, Mr Thomson-Moore and three companies of IQEQ (Jersey) Ltd group – the estate trustees – seeking to enforce the purported deal, which they say had been “unequivocally” agreed.
The Barne defendants say there was never any such agreement as they needed the consent of the trustees to finalise any deal. They subsequently decided they preferred to sell the estate to Mr Regan for €22.25 million.
Mr Thomson-Moore has told the court that while a “price” was agreed with Mr Magnier for Barne, a “deal” was not.
The trustees who hold the estate initially decided to remain loyal to the Magnier offer and felt Mr Regan’s higher offer could be seen as “provocative”.
After the exclusivity period had ended, the trustees decided to go with Mr Regan’s offer.
At the High Court on Wednesday, Mr Regan, who is not a party to proceedings, was questioned about the message sent in October 2023 to another man with some knowledge of the deal’s progression.
Mr Gallagher said Mr Regan sent a link to the man of a newspaper article referencing Mr Magnier and Mr Regan and followed this up by saying “hopefully, it will give him a heart attack”.
Mr Gallagher said the message referred to Mr Magnier to which Mr Regan said “yes, we were at war, according to him [Mr Magnier] and ... all is fair in love and war”.
The row between the two businessmen has been described as a “war” by witnesses in the case.
Mr Regan told Martin Hayden SC, for Barne Estate and Mr Thomson-Moore, that he rejected being described as a “dark force” in the deal by Mr Gallagher at a previous hearing when claiming Mr Regan was funding the defendants in the litigation.
After agreeing on a €15 million price, Barne and the Magniers entered into an exclusivity agreement stipulating that Barne would not permit itself or its representatives to solicit or encourage any expression of interest, inquiry or offer on the property from anyone other than Mr Magnier between August 31st and September 30th, 2023.
Mr Regan said the description of him as a “dark force” trying to breach the exclusivity agreement was a “cheap shot” and that he had been a victim of “derogatory remarks” that were going to be in the press “forever”.
He described Mr Gallagher’s remarks as “very hurtful” to him and said he did not know why they were made. He added that he “just wanted to buy a farm ... and here I am today”.
He said he never knew anything about the exclusivity agreement when bidding and that nobody told him it was in place. He denied funding the Thomson-Moore defence and said he had last April given Barne Estate Ltd a commercial loan from one of his companies against the farm.
Mr Regan said he was “blocked” out of bidding for the farm and that “multiple offers were ignored for a long time”, making him think that “something is going on”.
He told Mr Hayden he admired the Thomson-Moores as a nice family and would not have “misled” them in the selling process, as claimed by Mr Magnier in his evidence.
Mr Regan told Mr Gallagher the signed exclusivity imposed obligations on the vendors of Barne Estate but not on him and that he did not attempt to induce any breach of the agreement.
At one stage during the evidence, Mr Regan had to clarify to Mr Gallagher that he was using “light humour” when he said that the silence from Barne on his offers made him wonder if Mr Thomson-Moore had actually been “kidnapped”.
Mr Regan said approaches to the joint estate agents handling the deal was an attempt to make himself “relevant” regarding the sale and to get “back in the game”.
Mr Gallagher put it to Mr Regan that his contact with certain individuals with knowledge of the deal was “highly improper”.
“Me being blocked out at a higher price than a lower price is improper,” said Mr Regan.
He said legal letters sent to the joint estate agents handling the sale were not meant to “frighten” or “threaten” but his concern was that his bids were not getting to the trustees of the estate.
Mr Hayden asked if any of the defendants or anyone from the Magnier side had at any point written to Mr Regan to say he should desist in his bidding. Mr Regan said “no”.
