Residents in legal dispute with Mansfield family over housing estate
High Court adjourns case around management of Coldwater Lakes common areas
The late businessman Jim Mansfield snr: A dispute between residents of Coldwater Lakes housing estate in Saggart and members of his family has come before the High Court.
A dispute between residents of a Co Dublin housing estate and family members of the late businessman Jim Mansfield snr has come before the High Court. The dispute concerns the management of the estate’s common areas.
Several residents of Coldwater Lakes, Saggart, Rathcoole, have brought the case against brothers James Mansfield jnr, Patrick Mansfield and Anthony Mansfield and Burnella Cottage Ltd. It is alleged Patrick and Anthony Mansfield had been directors of Burnella, and James Mansfield jnr is a shareholder and a director of the company.
The business was set up by the Mansfield family in 2002 to hold and manage the common areas in the estate, developed by a company of the late Jim Mansfield snr. The residents, represented by Brian Walker, claim the company failed to carry out its duties and management fees were not collected. They claim they are entitled to be considered as members of the management company so they can manage the affairs of Burnella.
The residents say they had for several years taken it upon themselves to pay for management of the common areas within the estate. They have sought to regularise the situation but their efforts have been hindered arising out of the original owners and developers of the estate going into receivership and liquidation.
Ulterior motive claimed
The residents successfully applied to have the management company, which had been struck off, reinstated to the register, the court heard. The residents say they are entitled to be members of Burnella and allege the defendants have no intention of complying with various agreements, and provisions of company law. It is also claimed the defendants have an ulterior motive to appropriate the common areas for their own purpose in complete disregard to the resident’s interests. The residents say the ongoing situation means they do not have good marketable title to their properties and have suffered a considerable loss. The claims are denied.
The defendants, represented by David Purdue, claim the residents lack the necessary standing to bring the application as they are not members or directors of the management company. It is also denied the residents do not have good marketable title to their properties or that they are entitled to become members of Burnella. All claims of wrongdoing against the defendants are denied.
The judge, noting that a trial of the dispute had been fixed for November, adjourned the case after certain undertakings were given to the court.