Landlord denies threatening receiver
Published 04/11/2011 | 05:00
A RESTRAINING order has been granted against the owner of an apartment complex who is alleged to have made threats to the complex's receiver.
Kieran McGuigan, who owns a complex of eight apartments at 8/9 The Diamond, Monaghan, denied he was responsible for making threatening and intimidating calls to one of the receivers.
Glen Cran and Mark Reynolds of Savills Commercial Ireland were appointed joint receivers of the complex by Anglo Irish Bank Corporation PLC on October 11.
They brought proceedings against Mr McGuigan after he changed the locks and circulated material to tenants alleging the receivership was a "scam".
The court was also told that one of the men was depicted in an email wearing a Nazi uniform.
Mr Justice Roderick Murphy said he was satisfied to make a number of injunctions, pending the outcome of a full hearing against Mr McGuigan, including that he not interfere, obstruct or prevent the receivers from taking possession of the property.
The judge further ruled that Mr McGuigan vacate the property. However, a short stay was placed on that order.
Mr McGuigan, the judge said, must adhere to the terms of the agreement he entered into with the bank in regard to the property in September 2007.
The court heard Mr McGuigan had contacted tenants seeking to have rents paid to him rather than the receivers. Anglo Irish Bank claims it is owed more than €3.65m by Mr McGuigan, on foot of a mortgage security document in favour of the bank dated September 14, 2007.
Judge Murphy ruled that all rent from tenants at the complex must be paid to the receivers.
He further restrained Mr McGuigan from distributing or sending incorrect information about the receivers or Savills, or from visiting them at their private residences.
The judge added that while he was not making any findings in regard to the emails and the communications sent to the receivers, he said that action including the depiction of one of the individuals in a Nazi uniform was "deplorable".
Mr McGuigan, who represented himself in the proceedings, indicated to the court that he intended to appeal.
He opposed the receivers' application on a number of grounds.
Counsel for the receivers, said Mr McGuigan had entered into a mortgage agreement with the bank. The bank, counsel said, was entitled to appoint receivers following failure to comply with its demand for repayment.