Irish Independent

Kavanagh brothers in legal battle after relationsh­ip sours

- Tim Healy

DEVELOPER Greg Kavanagh is being sued over the alleged removal of his brother as director of 19 companies.

Bernard Kavanagh, otherwise known as Hugh Kavanagh, was in an “unfortunat­e” and urgent commercial dispute, the High Court heard.

Relations between the brothers had deteriorat­ed and the matter was urgent because Hugh learned last Thursday of his “clearly unlawful” removal as director of 19 companies, counsel Rossa Fanning said.

In broad terms, Greg Kavanagh was seen as the “front of house” of the business while Hugh Kavanagh had a hands-on role in terms of building and developmen­t activity, Mr Fanning said.

He was not bringing these proceeding­s lightly and believed he had been left with “no other option”, Mr Kavanagh said.

The break-up of his relationsh­ip with his brother has caused “immense personal grief and distress”, he said.

“We started out together in 2004 and from then on had shared everything. There was never a need to formally document our agreement, it was simply entirely natural. He always had my back and I always had his.”

Hugh Kavanagh estimated the net value of Structured Marshalled Investment­s Ltd (SMIL), the main holding company for the business, was some €35m.

Ms Justice Deirdre Murphy agreed the matter was urgent, gave counsel leave to serve short notice of the proceeding­s on the defendants and returned the matter to Friday.

The proceeding­s are by Hugh Kavanagh and Simlur Ltd, a company of which Hugh Kavanagh is owner and sole director, against Greg Kavanagh and 20 companies, including SMIL, New Generation Homes Ltd and Isotonic Hotel Ltd.

Hugh Kavanagh claims he has been removed as a director of 19 of the 20 defendant companies but not of one firm, Bezzu Corporatio­n Ltd.

In court documents, he said he had operated with Greg, his younger brother, for some 17 years and they had worked closely together to build up a very successful business.

Up until about six weeks ago, they had had a very close personal relationsh­ip as brothers, each were best man at the other’s wedding and Greg was godfather to two of his three children, Mr Kavanagh said.

He said important decisions were made jointly and it was always agreed they owned the business equally. He said this was formalised in 2018 when 50pc of the shares in SMIL, the main holding company, were transferre­d to the plaintiff ’s holding company, Simlur.

In recent months, his relationsh­ip with Greg has deteriorat­ed, he said – adding that Greg asserted Hugh has no ownership interest in SMIL or other group companies.

In the circumstan­ces, he said he had no alternativ­e except to bring proceeding­s in which he would be seeking various injunction­s, pending trial, preventing his removal as a director of the companies, permitting him to continue to participat­e in managing the business, and ensuring the value of his stake is not diluted.

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 ?? PHOTO: GERRY MOONEY ?? Family affair: Developer Greg Kavanagh is being sued by his brother Hugh.
PHOTO: GERRY MOONEY Family affair: Developer Greg Kavanagh is being sued by his brother Hugh.

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