Michael Flatley ordered to put up security costs in Cork mansion case

Irish Examiner

2 days ago

A judge has ordered Lord of the Dance star Michael Flatley to put up money for security for costs in advance of his €30m court action over works carried out at his Cork mansion. However, if he succeeds in his presidential ambitions and takes up residence in Áras an Uachtaráin, he can go back to court to have the High Court order vacated.
So said Ms Justice Eileen Roberts on Friday as she ruled that the businessman and entertainer is 'not at this time ordinarily resident in Ireland, but is rather here on a temporary and conditional basis".
'I accept that if Mr Flatley succeeds in his bid for the presidency of Ireland, then he will be required to move his ordinary residence to Ireland and that point would become ordinarily resident here,' the judge added.
Ms Justice Roberts said if it transpires that Mr Flatley succeeds in his presidential ambitions and thereby becomes ordinarily resident in this jurisdiction, he can apply to the court to vacate the order for security for costs made against him on the basis that the grounds for the making of the order no longer apply.
The judge said it appeared that Mr Flatley's recently stated intention to return to Ireland is not open-ended or unconditional.
Presidential campaign
By linking his return and the timing of it to the forthcoming presidential campaign and election, Ms Justice Roberts said she believed Mr Flatley is at best committing to returning to live in Ireland long term if he were successful in his presidential ambitions.
'There is no evidence before me that he would remain living in Ireland otherwise,' the judge stated.
The High Court will later determine the amount to be paid by Mr Flatley, though the parties being sued had proposed €2.8m. At issue in the case was where was Mr Flatley 'ordinarily resident', and the star is claiming the court applications were a 'a final effort to derail his claim' and an attempt to embarrass him.
In an unusual twist to the case following the conclusion of the security for costs hearing, the Flatley side had said that the entertainer was moving back to Ireland as he 'intends to seek nominations to run for President".
An affidavit opened before the judge made the assertion, following on from speculation that the Irish-American would contest the upcoming presidential election.
Mr Flatley's counsel, Ronnie Hudson BL instructed by Maxwell Mooney solicitor, said it was Mr Flatley's intention to return to live in Ireland, and counsel contended it represented a 'material change of circumstances' which must be considered.
In her judgment, Ms Justice Roberts said at the time of the hearing of the case at the start of July that the uncontroverted evidence was that Mr Flatley was residing in Monaco and had specified it as his home address in court documents. The evidence, she said, is that he has been living in Monaco since at least 2014, and that he stayed in Castlehyde whenever he was in Cork.
'Material change in circumstances'
On July 25, she said the court was advised of 'a material change in circumstances" in relation to Mr Flatley's residence. Because of the importance of Mr Flatley's ordinary residence to the jurisdiction of the court to make an order for security for costs, the judge said she agreed to admit Mr Flatley's affidavit on the matter.
The judge said she proceeded on the basis that Mr Flatley had already or will shortly move to Ireland and seek nomination to run for President of Ireland, as was indicated in his solicitor's affidavit.
'Even on that assumption, however, there is a complete lack of detail as to what practical arrangements Mr Flatley has made to source accommodation and, most significantly, whether he has made any arrangements for him and his family to return to Ireland to live on a long-term basis,' Ms Justice Roberts said.
The court, the judge said, was not provided with any information which demonstrates in a practical way that Mr Flatley would be able to satisfy the test of ordinary residence in Ireland. She noted that being ordinarily resident is an entirely different matter to being resident for a period of time.
The judge will hear submission from all sides in November on the amount of security of costs which will have to be lodged in court by Mr Flatley.
In the main proceedings, the Riverdance performer claims he and his family had to vacate the Castlehyde period property in October 2023 after alleged toxic chemical residue was detected during routine maintenance.
Mr Flatley is suing Austin Newport Group Ltd, the main contractor, and insurance underwriters MS Amlin Underwriting Ltd, AXA XL Underwriting Agencies LTD, and Hamilton Managing Agency Limited, along with Lloyds Insurance Company.
All of the allegations are denied.