A LONG-RUNNING dispute between the six adult children of the late Judge Noel Ryan over the management of some €15 million in property assets acquired by their parents and themselves is to go to mediation, the Commercial Court heard yesterday.
Four of the siblings have made a series of allegations about how their solicitor brother Oran Ryan managed the former family partnership which owns various properties, mainly in Dublin.
Due to alleged acts or omissions by Oran Ryan and their sister Trinette Larkin, the four claim they cannot sell any of the properties.
The firm was dissolved in October 2007 by Marie McGovern (nee Ryan), one of the plaintiffs and wife of High Court judge Brian McGovern, on notice to all members of the firm.
The plaintiffs now want orders for its winding-up, the restitution to them of all monies allegedly withdrawn by the defendants, or either of them, from the firm without the plaintiffs' consent, and damages.
It is claimed Oran Ryan and Trinette Larkin, unknown to their siblings, used funds from the firm in 1993 to buy a property at Coghill's Court, Dame Street, Dublin.
It is also claimed Oran Ryan withdrew €161,550 from the firm's account in 2002 unknown to the plaintiffs and made a series of unexplained withdrawals from, and deposits to, the accounts of the firm in 2003 and 2005.
Oran Ryan is also alleged to have failed to inform them there was no rent review relating to a property at 17 Fitzwilliam Square after a lease expired in 1995, resulting in alleged losses of some €300,000 rental income.
The plaintiffs claim they have tried unsuccessfully since October 2007 to reach agreement with the defendants on how the firm's assets are to be distributed and its liabilities discharged.
When the proceedings came before the Commercial Court yesterday, Mr Justice Peter Kelly proposed the dispute be mediated rather than litigated as "little good" would result if the matter was pressed to trial.
After being told all sides were in favour of trying mediation, the judge said he was "glad to hear that . . . It makes a lot of sense."
After directing the exchange of legal documents between the sides to help identify the issues between them, he adjourned the case to January, remarking: "The sooner it is mediated, the better."
Judge Ryan was a judge of the Circuit and non-jury Special Criminal Courts.
He came to public attention in the 1980s when he rejected an appeal by New Ross school teacher Eileen Flynn against her sacking after she became pregnant by a separated man with whom she was living.
The action is by Declan Ryan, Sittingbourne, Kent, England; Marie McGovern, Foxrock, Dublin; Martin Ryan, Southern View, Baily, Co Dublin; and Irene Ryan, Grange Road, Rathfarnham, Dublin, all against Oran Ryan, a solicitor, Westminster Road, Foxrock, Dublin, and Trinette Larkin, Countess Road, Killarney, Co Kerry.
All six siblings were former members of a partnership that was known as the Ryan Partnership, Ryan Rentals or Ryan Family Rentals.
