Businessman fails to get possession order for Co Wicklow golf course

A businessman has failed to get High Court injunctions allowing him to retake possession of the Glen of the Downs Golf Course in Co Wicklow from a receiver appointed by a financial fund.

The receivership at the centre of the dispute is separate to the Glen of the Downs Golf Club which went into liquidation earlier this year, the court heard.

Ms Justice Caroline Costello said Michael Doyle was not entitled to various injunctions against Ennis Property Finance DAC, Structured Finance Management (Ireland) Ltd and the receiver, Stephen Tennant of Grant Thornton.

The injunctions were sought pending a full hearing of the dispute.

Based on the evidence before the court, the judge considered Mr Doyle had not made out a bona fide case that would succeed at a full trial and had not shown either, should he win his case, that damages would not be an adequate remedy.

In his action, Mr Doyle, of Delgany, claims the receiver's appointment over assets, including the 126 acres at Coolnaskeagh, Delgany, on which the golf club business was built, is invalid and in breach of his rights.

Mr Doyle, represented by Louis McEntagart SC, had asked the court for injunctions pending the outcome of the action, including injunctions preventing the defendants interfering with, trespassing or attending at the property,

Mr Doyle also sought an order restraining the defendants from obstructing him from possessing, using or accessing the property until the dispute has been resolved.

Mortgage agreements

The defendants, represented by Imogen McGrath SC, opposed the orders.

They argued Mr Doyle entered into a series of mortgage agreements with Bank of Scotland in 2003, 2005 and 2008 and several properties, including commercial units in Co Wicklow, a property in Co Roscommon and the lands on which the golf course is built were put up as security for those loans.

Those loan arrangements were restructured and replaced by another agreement entered into between Mr Doyle and Bank of Scotland in 2012, the defendants added. The loans were acquired by Ennis in July 2015 and it made a demand for repayment of €1.65 million.

When the demand was not satisfied, Ennis appointed Mr Tennant as receiver in June 2016. A proposal for repayment made on Mr Doyle’s behalf was not accepted, it said.

Ms Justice Costello adjourned the matter to after the Easter break.