The High Court was told yesterday that an estate agent in Newry, Co Down, intends to issue proceedings against an American businessman and an American registered company in which he will seek a half share in the Re-Max auctioneering franchise business here.

Mr Martin Quinn, Dublin Road, Newry, who carries on business at Hill Street, Newry, received permission from Mr Justice McKechnie to issue plenary summonses against Mr Dennis Curtin, US citizen who carries on business as a Re-Max franchisee estate agent, and against Emerald Isle Llc of Missouri.

Mr Quinn is also suing Re-Max (Ireland) Ltd, with registered offices at Ballsbridge, Dublin, which he claims is the national franchisee of the Re-Max Estate Agents and Auctioneers business.

Mr Patrick M McCann, for Mr Quinn, said his client claimed the Re-Max business had prospered in Ireland and provided a brand, know-how and marketing support to an estimated 55 franchisees in exchange for payment of commission or royalties.

Mr Quinn, in an affidavit, said unhappy differences arose between Mr Curtin and himself in respect of the management of the business. After their initial success in finding franchises, Mr Curtin had offered to buy Mr Quinn's interest for $120,000 (€94,174) while Mr Quinn claimed he offered in response to buy out Mr Curtin for the same price.

During January 2000, Mr Curtin had said he was terminating Mr Quinn as an employee or active participant in the Re-Max venture. For the first time Mr Quinn said he understood the Emerald Isle company was operating as owner of the Re-Max franchise, a company of which Mr Curtin claimed to be "sole owner".

In January 2000, Mr Curtin and others had incorporated Re-Max (Ireland) to collect the franchise fees in this jurisdiction. Mr Quinn claimed to be entitled to a 50 per cent shareholding in this Re-Max Ireland franchise.

In addition to claiming a share in the franchise, Mr Quinn says he would be entitled to pursue a claim for damages.

He believes he has a good cause of action against Mr Curtin, Emerald Isle and Re-Max (Ireland). Mr Justice McKechnie gave Mr Quinn liberty to serve notice of intended proceedings on Mr Curtin and the Emerald Isle company.

The judge was told that a "conditional appearance" on behalf of Mr Curtin, Emerald Isle and Re-Max (Ireland) had been entered by a firm of Dublin solicitors.