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Thursday 15 November 2018

Receivers say landowners interfering with sale

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Joint receivers appointed over agricultural land in north county Dublin have claimed before the High Court that the owner, his son, and a gun club are attempting to frustrate the sale of the property.

The claim was made by Stephen Tennant and Nicholas O'Dwyer of Grant Thornton who were appointed by  Launceston Property Finance DAC as joint receivers over some 27 acres of land at Coney Hill, Ballbriggan, Co Dublin. 

On Thursday, the receivers' lawyers secured temporary injunctions against the owner of the lands, John Walls Senior, John Walls Junior and Fingal Target Sporting Club, which the court heard claims to have a lease in respect of the lands.  

The injunction requires the the Walls, both with addresses Coney Hill, Balbriggan, Co Dublin and the club, to remove any vehicle or obstacle situated at any actual or proposed entrance to the lands, and from placing and vehicle or obstacle with 20 meters from an actual or proposed point of exit from the property.  

The order also requires the defendants to give immediately give up vacant possession to the joint receivers. The court heard Launceston acquired a loan advanced to Mr Walls Snr by Anglo Irish Bank. 

It claims Mr Walls snr failed to satisfy a demand to repay the loan, and is seeking judgement of €1.4m against him.  Separate proceedings brought by Mr Walls Snr against Launceston over the alleged debt and the receiver's appointment are pending before the courts. 

The lands were put up as security for the loan, counsel said. The receivers wish to sell the lands in order to reduce the debt owed to Launceton. 

The injunction was granted, on an ex parte (one side only represented) basis, by Ms Justice Teresa Pilkington, who adjourned the matter to next week. 

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