Brother and sister in property row

A businessman, Mr Tom Roche, has issued High Court proceedings against his sister, Ms Eleanor Roche

A businessman, Mr Tom Roche, has issued High Court proceedings against his sister, Ms Eleanor Roche. Mr Roche is seeking a declaration that his sister had no interest in a property in Blackrock, Co Dublin, which has been sold for €47 million.

Some of the papers in the case were among the "most bitter" correspondence it had been his misfortune to read, Mr Justice Kelly remarked yesterday.

The dispute was mentioned to him in the High Court (Commercial Division) yesterday. He adjourned the matter until Wednesday when, he said, he would want to know Ms Roche's attitude to an assertion made on her behalf that there was a claim against the incoming purchaser of the property.

The property in question is "Chesterfield" at Cross Avenue, Blackrock, Co Dublin, and it has been sold to Myles and Karen Crofton and Marchmain Securities Ltd. Mr Roche, of Woodford, Booterstown Park, Co Dublin, has issued proceedings against his sister, of Hampton Park, St Helen's Wood, Booterstown, Co Dublin.

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According to Mr Roche, she has purported to authorise her son, Mr Michael T. Wymes, to act on her behalf under a power of attorney.

Mr David Barniville, for Mr Roche, said the sale was due to close on November 30th and had now been deferred.

The purchasers had agreed to a revised closing date, but that was dependent on the claim being made on behalf of Ms Roche against the purchasers being withdrawn or the matter decided by the court.

Mr Justice Kelly said the impression he got from correspondence - and he was open to debate on this - was that efforts had been made to try and ensure the sale was not jeopardised.