An order for sale of a valuable property in Foxrock, Co Dublin, has been made by the High Court in a dispute between siblings over how it should be sold.
The house at Westminster Road formed part of the substantial estates of the late Elizabeth and Matthew Connolly, who died respectively in 2015 and 2016 within six months of each other. The former family home was transferred equally between their four adult children.
Two of them – Ronan Connolly and Carol Dillon – argued it should be sold on the open market to the highest bidder, whether a developer or not, while Matthew James Connolly and Ann O’Connor had procured purchase offers conditional on a developer obtaining planning permission.
In a judgment published this week, Mr Justice Rory Mulcahy granted an application by Ronan Connolly and Ms Dillon to make an order for sale under the Land and Conveyancing Law Reform Act 2009. The other two siblings were respondents to the application.
READ MORE
Urging the parties to agree a solicitor and estate agent/auctioneer, the judge said that if there was no agreement, it would be necessary to get nominations from relevant representative bodies, “which would only add to delay and expense in what has already been a protracted process”.
He noted 10 affidavits filed in the proceedings reflected “a sometimes bitter dispute” between the siblings and addressed many issues of little relevance to what should be done with the property. The evidence suggests the property had fallen into disrepair and there is some urgency about resolving the dispute, he said.
The “sticking point” between the sides was that expressions of interests obtained by the respondents from identified developers were on the basis of acquiring an option to buy at a particular price, with sale only completed if and when the developer got planning permission. The contingent offers were not acceptable to the applicants.
He said a November 2025 CBRE valuation of the property noted the development potential of the lands and that similar located properties sold for prices reflecting such potential.
The judge said that if an order for sale was not made, the dispute over how that should be done “may continue interminably, contrary to the wishes of all involved, with the potential to undermine the value in the property if it falls into further disrepair or agreement cannot be reached on its continued maintenance”.
Insofar as Matthew James Connolly still wants to entertain offers that are conditional, such offers necessarily involve the assumption of some risk by the seller and inevitable delay before any return could be realised, he said.
It would be “wholly inappropriate” to impose an obligation on the other parties “to engage in such speculation against their wishes”, he said.
It would be neither just nor equitable to make an order, as sought by Matthew James Connolly, to have the co-owners enter into an option agreement with a purchaser.
The “only way to break the impasse” between the co-owners was to order the sale of the property, he said. His view was that an experienced solicitor should have carriage of the sale and it should take place through an experienced solicitor or estate agent.
In light of the CBRE opinion, it seemed the method of sale would inevitably involve seeking expressions of interest from developers, he also said.
Final orders will be made later this month.
Another High Court judge previously dealt with proceedings by David Dillon, a son-in-law of Matthew and Elizabeth Connolly, brought as executor of their estates. He sought orders concerning the final distribution of their estates.
There was no issue about the validity of the wills of either deceased, but Matthew James Connolly, the respondent to those proceedings, raised some objections concerning the administration and distribution of the estates.
Ms Justice Siobhán Stack noted Elizabeth Connolly’s estate, including the family home, had an estimated net value of more than €6 million and her husband’s estate, which included the residue of his wife’s estate, had an estimated net value of more than €7.3 million. The estates included their Foxrock home and some company shareholdings, including in Connolly Shoe Company Ltd and Leinster Shoes Limited.
The family home was to transfer equally to their four children, who were also left money and jewellery, including a diamond solitaire ring and two other rings worth a combined €25,000.
