Tuesday 20 February 2018

Developer Tom McFeely failed to disclose assets and broke court order, judge told

Developer Tom McFeely
Developer Tom McFeely

BANKRUPT developer Tom McFeely breached a court order and failed to disclose assets in a case brought over his failure to pay a €24,000 debt to a recruitment firm, a judge was told today.

The former IRA hunger striker, who built the notorious Priory Hall apartment complex in Donaghmede in Dublin owes €24,288 for services obtained from MCR Personnel Ltd, a company which specialises in recruiting for construction firms. He could face a three-month jail sentence for failing to comply with an instalment order made earlier and is now attempting to vary its terms.

He appeared today at Dublin District Court where Benedict O Floinn BL, for MCR Personnel Ltd, told Judge Mary Collins that McFeely was a week late in filing a statement of his affairs.

He also said that it was clear that the builder had not “disclosed certain assets including assets in the Isle of Man”. He contended that the builder was in breach of the court orders and should be jailed.

Mr O Floinn said there a number of gaps in the documents and the case “has connections with the Priory Hall matter” though it is not linked to separate bankruptcy proceedings.

Mr O Floinn told Judge Collins that McFeely is trying to vary an instalment order made earlier in connection with the money he owes to MCR Personnel Ltd. The District Court had also been asked whether this case could go ahead because McFeely had been adjudicated bankrupt.

Mr O Floinn suggest that McFeely could be given a chance to mend his hand in relation to the statement of affairs he has already provided.

McFeely's solicitor Jason Kelly said he was not aware that the disclosure his client had furnished was deficient.

Judge Collins adjourned the case until October 30 and gave McFeely one week to complete a comprehensive statement of his affairs.

McFeely had owed about €34,000 for services he had obtained from MCR Personnel Ltd, trading as MCR Group, which is based at Capel Building, in Dublin city-centre.

He paid €10,000 to the recruitment company. However, two subsequent cheque payments bounced and earlier this year Dublin District Court made an instalment order against him to compel him to clear the remaining balance which amounted to €24,288.

Mr McFeely, who recently had to vacate his house in Ailesbury Road, in Dublin 4, did not address the court today.

Under section 6.7 of the Enforcement of Court Orders (Amendment) Act 2009, failure to comply with an instalment order could result in McFeely being arrested and jailed for up to three months.

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