Bohemians FC is prepared to engage in mediation in an effort to resolve a legal dispute over the €35 million sale of its home ground at Dalymount Park in Dublin, the Commercial Court was told yesterday.
In legal proceedings, Bohemians FC Ltd claims it has sold the lands at Dalymount for €35 million to Danninger Ltd under a contract dated April 2007, as part of a deal under which the club will have a stadium built for it at Harristown, Co Dublin, with improved facilities and an additional sum for running its operations.
It claims that the deal may be delayed because construction companies with interests in the Phibsboro Shopping Centre, which adjoins Dalymount, are attacking the club's ability to deliver good title to the lands and are claiming they had a prior concluded agreement for the sale of the lands.
Last July, Mr Justice Peter Kelly admitted proceedings by Bohemians against Albion Properties Ltd, Albion Enterprises Ltd and Pascal Conroy to the list of the Commercial Court, the commercial division of the High Court. The defendants had earlier initiated separate proceedings.
When the case came before the judge again yesterday, Alistair Rutherdale, for Bohemians, said his side had no problem with mediation in relation to the dispute. Eoin McCullough SC, for Albion, said his side was prepared to consider mediation.
The judge said it was in everyone's interests that there would be mediation and said he would list the matter for review on February 4th next to see if progress had been made.
If there is no progress, the case will be heard on April 1st.
In its action, Bohemians claims that there were discussions between it and the defendants over the years 2001 to 2006 in relation to the proposed sale to the defendants of part of the lands at Dalymount.
However, there was no concluded oral agreement between the parties for the sale of any of the lands, it is claimed.
The negotiations with the Albion parties had broken down by October 2006 after which Bohemians said it entered negotiations with Danninger in relation to the sale of all of the lands.
Those negotiations were successful and led to a concluded written contract of April 18th, 2007, it is claimed.
However, on May 23rd, the defendants asserted that they had an agreement with Bohemians for the purchase of certain lands at Dalymount.
Bohemians wants a court order restraining the defendants from asserting they have a concluded or enforceable contract in relation to the sale of any of the lands at Dalymount.
The defendants have counterclaimed for specific performance of concluded agreements alleged to have been reached for sale of part of the Dalymount lands to them.