Auctioneer accused of bullying in land dispute

The wife of multi-millionaire businessman JP McManus has brought High Court proceedings over lands intended to be used as a driveway entrance for a new family home in Co Limerick.

Ms Noreen McManus claims she is the registered full owner of some 10.3 hectares of lands adjoining the family home at Martinstown Stud, Kilmallock, and that it is "essential" that those lands be used as a driveway entrance leading to a new home being constructed for her family.

She claims she bought the lands in question for some €270,000 from Mr Patrick O'Brien, personal representative of the estate of the late Patrick O'Brien, who died intestate in December 1973, and whose widow Catherine died in May 2003, also intestate.

She claims letters of administration were granted to the defendant Patrick O'Brien in September 2003 and that he, under a contract of July 29th, 2005, had agreed to sell the lands to her.

Ms McManus claims most of the seven children of the late Patrick and Catherine O'Brien had agreed that the lands be sold. The lands were transferred to her on August 17th, 2005 after she paid €270,000, it is claimed.

Ms McManus said workmen had entered on to the lands in August 2005 and were observed doing so by a brother of the defendant.

However, when building workers, who were engaged in construction of her new family home, entered onto the lands in September 2005 the defendant had told them they were trespassing, she said.

Ms McManus claims the defendant has continued to wrongfully claim that she or her agents would be trespassing if they went on to the lands and had wrongfully and maliciously defamed and slandered her title to the lands for some time.

In his defence, Mr Patrick O'Brien denies the claims. He claims there was an agreement with his siblings that the dwelling house on the lands would be vested in himself and his brother William, and that the remainder of the lands would be vested in their other siblings in equal shares. He claims this agreement has never been set aside.

Mr O'Brien denies that he agreed to the sale of the lands and denies that his signature on the purported contract was obtained other than by alleged misrepresentation and/or undue influence by an auctioneer, Mr Patrick Carroll. He alleges Mr Carroll, at a private meeting "bullied and coerced" his sisters into giving their consent to the sale.

He also alleges misrepresentation and/or undue influence on the part of Messrs Maurice Power solicitors, in permitting documents to be signed without, it is alleged, allowing time for an independent interview with the defendant to ascertain the wishes of himself and his siblings.

Mr Justice John Mac Menamin yesterday directed that Mr Carroll make an affidavit of discovery about any dealings with Ms McManus in the last six years and adjourned the case.