COURT

South East man avoids jail for contempt after agreeing to stay away from property in receivership

 Aodhan O'Faolain

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Aodhan O'Faolain

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news@waterfordlive.ie

Wexford: South East man avoids jail for contempt after agreeing to stay away from property in receivership

Man avoids being jailed for contempt after agreeing to stay away from property in receivership

A County Wexford man has avoided being sent to jail after he agreed before the High Court to comply with orders not to interfere with a property in receivership. 

Ms Justice Leonie Reynolds had previously warned Arthur O'Neill that unless he abided with orders regarding a property located at Askinvillar Upper, Kiltealy, Enniscorthy, County Wexford, she would have no option other than send him to jail for contempt. 

Receiver Mr Ken Fennell brought proceedings against Mr O'Neill claiming that he was in contempt of an injunction granted last March restraining Mr O'Neill from entering or from interfering with the property.

The matter had been adjourned to Tuesday's sitting of the High Court, to allow Mr O'Neill to consider his position and obtain legal advice. 

Mr O'Neill gave a sworn undertaking before Ms Justice Reynolds on Tuesday to comply with the orders. He had raised concerns about tenants who he said had leases in respect of the property.  

However, Ms Justice Reynolds said any issue regarding any purported lease or leases in respect of the property was a matter for another day, and that the court was only concerned in dealing the issue of contempt.

The judge adjourned the matter to Friday to see if there the orders are complied with. 

Mr Fennel, represented in Court by John Kennedy Bl, claimed Mr O'Neill of Marshallstown, Enniscorthy, Co Wexford, was in contempt of court and has brought proceedings seeking Mr O'Neill's attachment and committal to prison. 

Mr O'Neill and others have re-entered the property and have prevented the receiver from taking possession of the premises, he claimed.  

In addition, without the receiver's consent, the property has been offered for rent on websites popular with tourists to rent for over €250 per night, including rent.ie, holidaylettings.co.uk, vrbo.com and hometogo.com.

Following his appointment as receiver by Promontoria (Finn) Ltd over the property in 2017, the receiver has been prevented from advancing the receivership by Mr O'Neill. 

The receiver, who was appointed over an alleged failure to satisfy a demand to repay €2m arising out a loan advanced to Mr ONeill and his wife, secured an injunction against Mr O'Neill preventing him from interfering with the property.

Mr O'Neill appealed that order, but there is no stay on the order.  

In breach of those orders, Mr Fennell claimed Mr O'Neill re-entered the property which had been secured by the receiver's agent's last May and along with others, the defendant continues to exercise control over the property. 

Mr Fennell also claimed that earlier this month a barricade including supporters of Mr O'Neill, members of the Yellow Vest movement and vehicles were placed outside the gate of the property.