Court told of solicitor and developer dispute

A DISPUTE between solicitor Ivor Fitzpatrick and property developer Paddy McKillen about the conduct of the affairs of a major property development holding company in which both men are involved has come before the Commercial Court.

Mr Justice Peter Kelly was told yesterday the parties were "deadlocked" despite earlier attempts by a mediator, Dermot Gleeson SC, to resolve the dispute and the reaching of an agreement last December.

Michael Cush SC, for Mr Fitzpatrick and his company Idyll Investments Ltd, said that while his side was agreeable to going back to Mr Gleeson to resolve the dispute with Mr McKillen and his company, Fountain Properties Ltd, they in the interim wanted the action to proceed quickly and wanted an early trial date, perhaps in early July. The judge adjourned the matter to allow the sides exchange legal pleadings.

The action relates to the conduct of the affairs of Canton Caseys Ltd, with offices at St Stephen's Green, Dublin, which was incorporated in 1986 and acts principally as a holding company in the field of property development but also has interests in Asia.

Mr Fitzpatrick and Mr McKillen are both directors of the company and Mr Fitzpatrick claims the intention at all times was they would, directly or indirectly, have equal rights within the company.

He claims that, from about 2002, he became concerned about the behaviour of Mr McKillen and Fountain regarding the conduct of the affairs of the company. In 2006, he had complained about oppressive behaviour and/or behaviour by the respondents in disregard of his interest in the company.

Mr Fitzpatrick claimed Seán McCormack had embezzled and/or misappropriated assets relating to a quarry business in Vietnam and that Mr McCormack had fraudulently sold a quarry business at Vinh and fraudulently misappropriated the proceeds of that.

Mr Fitzpatrick claims Mr McKillen later acted in a highly damaging way by vetoing strategic steps which Mr Fitzpatrick proposed to take relating to court proceedings in London against Mr McCormack and Peter Laking.

Mr Fitzpatrick also claims Mr McKillen sought to undermine Mr Fitzpatrick's reputation with Anglo Irish Bank with groundless allegations of incompetence.