Finance firm seeks €1.6m judgment against family over property loans

A fund is seeking summary judgment for €1.6 million against a couple and their two adult sons over default on a number of property loans.

Ennis Property Finance has brought proceedings against Martin Tritschler, his wife Mary, and their son Neil, all of Belmont House Studios, King's Channel, Waterford, and Luke Tritschler, Weston Road, Churchtown, Dublin.

The case was admitted to the Commercial Court list on Monday by Mr Justice Brian McGovern.

Ennis claims, between 2004 and 2010, Bank of Scotland (Ireland) provided various loans to the defendants, either in their sole names or jointly.

It says the loans were provided for purchase of nine properties, including three sites and two properties at King’s Channel and two properties in Dunmore East, Waterford. The loans were transferred to Ennis in April 2015.

Demands

John Burke, a director of Ennis, said in an affidavit the loans were transferred to Ennis in April 2015 after which demands for repayment issued. Some of the property had been sold by the defendants who used the proceeds to reduce their indebtedness by €450,000.

Discussions followed with a view to selling two remaining properties but no resolution could be reached, he said.

A receiver was also appointed over one of the Dunmore East properties, the Boathouse, but it now appears Neil Tritschler is in occupation of the Boathouse and refusing to co-operate with the receiver who wants to sell it, Mr Burke said.

Ennis has no confidence a satisfactory resolution can be reached and has no choice but to seek summary judgment, he said.

Martin Tritschler told the court he felt Ennis had been “a bit hasty” in issuing proceedings particularly as the last two properties over which there had been discussions include their family home. His solicitor was away on holiday but he did not object to the case being admitted to the commercial list.