Clonmel family seeks removal of receiver over property assets

A challenge by a family against the appointment of a receiver over some of its assets is to be fast-tracked by the Commercial Court.

John, Constance, Noel, Paul, Suzanne, Peter and Patrick Higgins, of Market Street, Clonmel, Co Tipperary, have sued a financial fund, Kenmare Property Finance Designated Activity Company, and Stephen Tennant of Grant Thornton, as receiver over the assets at issue.

Mr Tennant was appointed receiver over assets including properties at Red Cow, Dublin 24, and at Burgagery Lands, Clonmel, Co Tipperary, after the family allegedly failed to satisfy a demand of October last to pay €2.6 million to Kenmare.

Appointment

The fund claims it acquired loans originally advanced to the family by Anglo Irish Bank.

The family contends Mr Tennant’s appointment as receiver is invalid and has brought proceedings seeking his removal.

Represented by Rossa Fanning SC, the family also claims the fund is not entitled to demand repayment of the amount sought.

The defendants deny the claims.

Mr Justice Brian McGovern this week granted an application by the fund and receiver to transfer the case to the fast-track Commercial Court. The matter will return before the court in December.