Courts

Wednesday 20 August 2014

Publican to be brought before court over failure to hand over pub to receiver

Aodhan O'Faolain

Published 11/07/2014 | 17:27

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The order is against John Murphy, who owns Colfers Pub,  Carrig-on-Bannow, Co Wexford
The order is against John Murphy, who owns Colfers Pub,  Carrig-on-Bannow, Co Wexford

A judge has ordered a publican be brought before the High Court by gardai to explain why he should not be jailed for failing to hand over his bar to a bank-appointed receiver

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The order is against John Murphy, who owns Colfers Pub,  Carrig-on-Bannow, Co Wexford, and who the court heard had previously given an undertaking to hand over possession of the premises  to receiver Stephen Tennant, of Grant Thornton.

Mr Tennant was appointed by ACC last October after Mr Murphy failed to satisfy a demand by ACC for the repayment of €409,000 it claims it is owed by the publican.

In proceedings against Mr Murphy and his wife Teresa, who were not present in court yesterday, ACC and Mr Tennant, who intends to sell the pub, claim the receiver has being prevented from taking possession.

Rossa Fanning Bl, for ACC and Mr Tennant, said Mr Murphy had failed to comply with an undertaking given on his and his wife's behalf before the High Court last June to hand over possession.

Counsel said the receiver's agents had been met with resistance by a large group of people at the pub.

Counsel said the Murphys were playing "ducks and drakes with the court."

An application to have  Mr Murphy committed to prison for his alleged non compliance with the undertaking has been brought, counsel added.

Mr Justice Gilligan said in light of Mr Murphy's alleged failure to comply with a previous court order, he was making an order directing gardai to bring him before the court on July 25.

The judge made no order in relation to Mrs Murphy as she was not present in court when the undertaking was given by her husband.

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