Receiver claims he has been subjected to campaign of intimidation

A receiver has claimed he has been subjected to a campaign of intimidation as he tried to take over commercial properties in Kilkenny city.

The properties on High Street and in Key Court were put up as collateral by four men in relation to €2.3 million loans made to them by Bank of Ireland which were allegedly in default.

KPMG accountant and insolvency practitioner Andrew O'Leary was appointed receiver last September.

In the last two weeks, there have been a number of incidents including an overnight break-in on November 25th at a property, he told the Commercial Court. Furniture and equipment belonging to tenants of certain buildings had been wrongfully removed while certain trading shops had been boarded up with “for rent” signs put up on them, Mr O’Leary said.

Four borrowers

The receiver last week obtained interim injunctions preventing interference or trespass by the four borrowers. They are:

Michael Minogue

, Ballycallan Road;

Denis Brennan

, Snowhill, Ennisnag;

Joseph Nolan

, The Rise, Dunmore, all Co Kilkenny; and

Michael Nolan

, Hawthorn Avenue, Kilkenny city.

The men are opposing a bid by the receiver to have the injunctions continue pending full hearing of the matter, Mr Justice Brian McGovern was told.

The judge granted the receiver’s application to admit the case to the commercial list and told Joseph Nolan, who was representing himself and the three others, he would hear the receiver injunction application next week.

Rossa Fanning, for the receiver, said despite the interim order that the equipment be returned, it had not been.

The judge told Mr Nolan, if the men did not comply with the order, they could be liable to be brought before the court for contempt and jailed.