Sunday 19 November 2017

Wife of bankrupt developer given 7 weeks to quit home

McFEELY: (TOM): DEVELOPER re THERESA McGUINNESS: bankruptcy proceedings against developer Tom McFeely , High Court, Dublin, ( 16/1/12))***see Hi Ct story.***NOT IN COURT YESTEAY (MON)Pic. shows FILE IMAGE of Developer Tom McFeely arriving at court for the last hearinghearing. (Pic: CourtPix***see also McGuinness re McFEELY CX

Ray Managh

NINA McFeely, the wife of bankrupt developer Tom McFeely, was given seven weeks by a judge today to find alternative accommodation, following possession of their Ailsbury Road, Dublin, home being granted to Nama.

Judge Jacqueline Linnane in the Circuit Civil Court refused a longer stay which would have allowed Mrs McFeely and her two teenage sons remain in the €10m property while one of them completed his education over the next year.

Judge Linnane said that taking into account the substantial amount outstanding to Nama and the circumstances of the family she would grant a stay on the order for possession, which she granted on Wednesday last, until August 1.

She told barrister Martin Canny, counsel for the McFeelys, that as far as the court was aware Mr McFeely already had accommodation in London.

Michael McDowell, S.C., counsel for Nama, said Mrs McFeely, a joint defendant in the proceedings with her husband, had stated in an affidavit that it was her intention to appeal the possession order to the High Court.

He said it was an extraordinary situation where she had stated in the affidavit “I have some defence but I will not tell you what it is,” adding that she would have it ready for the High Court proceedings.

Mr McDowell, who appeared with Robert Fitzpatrick BL, said appealing to the High Court on undisclosed grounds was clearly a time wasting stratagem.

Mr McDowell said Nama had expressed its concern on Wednesday last about the fact the property, which constituted security for the former Irish Nationwide mortgage, was no longer insured.

He said Mrs McFeeley had merely informed the court that an independent financial consultant, an insurance broker, had been contacted by Mr and Mrs McFeely and the broker had started the process of sourcing quotes from the market.

Mr Canny said a letter from an insurance broker stated that steps were now being taken to ensure that a policy of insurance on the property, at No 2 Ailsbury Road, Dublin 4, would be put in place.

Judge Linnane said security on the mortgage was at risk when there was no insurance in place. She awarded costs against the McFeelys.

Mr McFeely, a former Maze hunger striker, was declared a bankrupt in London in January last.

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