Tuesday 17 September 2019

Receiver unable to take over premises, court told

Aodhan O'Faolain

A BANK-appointed receiver over a well-known pub is being prevented from taking possession of the premises, the High Court heard yesterday.

Mr Justice Sean Ryan was told that Stephen Tennant, of Grant Thornton, was appointed by ACC Bank Plc over Colfers Pub, of Carrig-on-Bannow, Co Wexford, on October 7 last.

In proceedings against the pub owner, John Murphy and his wife Teresa, the bank and Mr Tennant claim the receiver is being prevented from taking possession by the Murphys, and that the public house has been leased to a purported trust.

ACC and Mr Tennant, who say the lease agreement is not valid, are seeking orders from the court including injunction requiring the Murphys to hand over possession to the receiver.

ACC and Mr Tennant are also seeking injunctions preventing the Murphys and their servants and agents from interfering with the receivership, and from trespassing on the pub.

Rossa Fanning, for ACC and Mr Tennant, said the receiver was appointed by the bank after Mr Murphy failed to satisfy a demand for the repayment of €409,000 it claims it is owed by the publican.

Counsel said when the receiver, accompanied by security, attended the premises he was verbally abused and was unable to take possession of the pub.

Mr Murphy said he did not verbally abuse anyone. He said he needed time to get a solicitor. He asked the court to adjourn the case for four weeks.

Mr Justice Sean Ryan said he was prepared to put the matter back for two rather than the four weeks sought.

Irish Independent

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