Judge urges Glenman firm brothers to redouble mediation efforts

A judge has urged two brothers at the centre of a High Court row over the running of the Glenman Corporation building firm to “redouble their efforts” to mediate the dispute.

Micheál and Albert Conneally are the sole directors of Glenman which has been involved in the leisure, housing and school building sectors for many years.

Last week, the High Court heard Albert had tried to appoint a third director without his brother’s approval. As a result, Micheál sought and obtained an interim injunction restraining the appointment pending determination of the matter by the court.

This happened, Micheál said, just five weeks before a separate case he is taking alleging shareholder oppression by Albert.

On Tuesday, when the case returned before Judge Brian Cregan, the court was told Albert had filed a replying affidavit to Micheál’s claims.

Albert’s barrister, Martin Hayden, said it may be that the parties come to a realistic resolution over this latest dispute. What his side suggested was that Micheál would meet with this proposed third director.

The third director is independent and a professional contract manager, counsel said. There were two major issues coming to a head in the company and if something is not done about it, substantial damages could be awarded against the company, he said.

His side suggested Micheál meet the proposed third director so he could see if he “liked the cut of his jib” but there had been no response, Hayden said.

Gary McCarthy, counsel for Micheál, said he wanted an opportunity to look at the affidavit filed by Albert.

The judge said the reality of getting a hearing date in relation to the injunction, before December 1st when the oppression case is due to begin, was very slim.

He said this was clearly a very bitter dispute between two brothers and he noted previous mediation efforts did not succeed. Hayden pointed out that he was not involved in that and he was part of a “changing team”.

The judge said he would adjourn the matter for two weeks but he wanted to really encourage the parties to redouble their efforts to mediate. If the case goes to trial it could be bogged down for years in the legal system and that will incur substantial costs, he said.

McCarthy said there had been enormous costs already.