Receiver claims man breached property orders

A Co Wexford man could be jailed arising out of his alleged contempt of a court order not to interfere with a property in receivership.

Receiver Ken Fennell claims that Arthur O'Neill is in contempt of orders granted by the High Court earlier this year in respect of a property located at Askinvillar Upper, Kiltealy, Enniscorthy, Co Wexford.

It is claimed Mr O’Neill, of Marshallstown, Enniscorthy, has been offering the property on websites popular with tourists to rent for €250 per night, including rent.ie, holidaylettings.co.uk, vrbo.com, and hometogo.com.

Represented by John Kennedy, the receiver claims that, following his appointment over the property in 2017, he has been prevented from advancing the receivership by Mr O’Neill.

The receiver, who was appointed over an alleged failure to satisfy a demand to repay a loan advanced to Mr ONeill and his wife, secured a High Court injunction last March.

Mr Justice Senan Allen made orders restraining Mr O’Neill, who opposed the application, from entering the property or from interfering with the property. The granting of the injunction has been appealed by Mr O’Neill, but there is no stay on the order.

Mr Fennell claims that, in what amounts to a flagrant breach of the injunction, Mr O’Neill has refused to comply with the orders.

He re-entered the property which had been secured by the receiver’s agent’s and, along with several others, the defendant continues to exercise control over the property, the receiver claims.

Mr Fennell claims that earlier this month a barricade including people who were supporters of Mr O’Neill, including members of the Yellow Vest movement, and vehicles were placed outside the gate of the property.

Mr O’Neill has also written to Mr Fennell stating that he will not hand over possession of his property, the court also heard.

Receiver’s agents

The court also heard that the receiver’s agents took possession of the property last May. It is claimed that Mr O’Neill and others re-entered the properties shortly afterwards. The receiver’s agents have been unable to regain possession of the property.

The receiver says videos have appeared on social media posted by Yellow Vests Ireland, and have been shared 3,000 times, where his agents have been the subject of nasty and threatening comments.

Mr O’Neill has also posted a video on the Yellow Vest Ireland Facebook page accepting he is in breach of the order, it is also claimed.

Permission to bring a motion seeking Mr O’Neill’s attachment and committal was granted, on an ex parte basis, by Ms Justice Leonie Reynolds.