Tuesday 10 December 2019

Woman faces jail for alleged failure to comply with court orders

Aodhan O'Faolain and Ray Managh

A GALWAY woman could end up in jail unless she complies with a High Court order to furnish the EBS building society with details concerning the proceeds of sale of two properties she owned.

In proceedings against Kristine Campbell and her husband William Campbell the EBS Ltd claims the couple may be trying to dispose of assets in a bid to frustrate the Building Society's attempts to obtain and enforce judgments for €8.8m they are seeking against the couple.

Last month EBS obtained a number of temporary orders against both Mrs Campbell of Hybrasil Court, Circular Road, Galway and her husband Mr William Campbell of Oldenway Business Park, Ballybrit, Galway including a freezing order preventing the Campbells from dissipating, removing or transferring their assets below a value of €8.8m.

The couple own a number of properties in the West, Mid West and Midlands.

The court also ordered that Mrs Campbell inform EBS of the amount obtained for the sale of two properties which she was the registered owner of, that occurred in November and December of last year.

She was also ordered to disclose the location of the proceeds of sale of the properties, which are both located in Co Galway.

Today when the matter was briefly mentioned before the High Court Padraic Lyons Bl for EBS said Mrs Campbell had not complied with and was in contempt of the orders obtained just before Christmas.

Mr Justice McCarthy, on an ex-parte (one side only) basis, granted EBS permission to bring a motion seeking Mrs Campbell's attachment and committal to prison for her alleged failure to comply with the court's orders.

In addition the Judge also granted EBS permission to bring a motion against Mr Campbell compelling him to disclose the amount obtained and location of the proceeds of the sale of a property he owned last December.

Both motions were made returnable to a date later this month.

EBS sought the injunctions against the Campbells on grounds including that the couple may be taking action to frustrate a judgment for €8.8m EBS obtained against Mr Campbell, and is seeking against Mrs Campbell.

The EBS also says it has real and legitimate concerns about the sale of two of Mrs Campbell's properties and the use to which the proceeds of those sales are being put.

The Building Society claims these properties were sold to persons who appear to be connected to the Campbells.

One property was transferred to a person who had been a director of companies whom the Campbells had also been directors and shareholders.

Another property was transferred to a person who gave their address as care of a firm of solicitors who represented the couple for a number of years, it claims.

The EBS sought a suitable explanation about this, however none was forthcoming, it claims.

The EBS is seeking judgment of €8.8m from both the Campbells arising out of their alleged failure to satisfy a demand to repay three loans the lender advanced to them between 2006 and 2008.

Last March EBS obtained a judgment of €8.8m against Mr Campbell from the Master of the High Court. That judgment is under appeal to the High Court. EBS is further seeking a judgment for a similar amount against Mrs Campbell.

She claims that she is not liable for one of the three loans on the grounds of alleged undue influence by her husband. EBS is opposing her claim, both of which are due to be heard later this year.

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