Judge directs businessman be brought to court by gardaí

A judge has directed a south Dublin businessman be brought before the High Court by gardaí next week over alleged contempt of court orders not to interfere with the receivership of a property owned by him.

The order was made on Friday by Ms Justice Carmel Stewart against Gerry Ward, Mount Eagle Green, Leopardstown Heights, Dublin 18.

The case centres around a property at Cedar Brook Avenue, Cherry Orchard, Dublin 10, owned by Mr Ward over which Simon Coyle was appointed receiver by Bank of Ireland in 2015.

Mr Ward disputes the validity of the receiver’s appointment over the property, which Mr Ward acquired with a mortgage from ICS Building Society in 2007.

In 2016, Mr Coyle got court orders preventing Mr Ward interfering with the property and the receivership.

However, the receiver was unable to gain possession of the property, leading to his bringing proceedings alleging contempt of court against Mr Ward.

Proceedings had also been brought against the occupier of the property, Amy O’Reilly, a mother of three young children but those were withdrawn previously after the court accepted Ms O’Reilly, who said she had been paying rent to Mr Ward, was an innocent party in the matter.

On Friday, Mr Coyle, represented by Declan Wade BL, told Ms Justice Stewart Ms O’Reilly has agreed to leave the house by early next week.

Counsel said Mr Ward was not in court.

Noting a letter stating Mr Ward was ill and could not attend court had been provided to the court, counsel said this was not the first time Mr Ward had not been before the court to answer for his alleged contempt. Nor was it the first time such a letter had been handed into the court, he said.

Since December, Mr Ward had been before the court in relation to several motions brought by him against the receiver, counsel said.

It appeared Mr Ward was able to come to court in relation to his own proceedings as the last of the motions against the receiver was filed two days before the date on the medical certificate furnished to the court, he added.

Mr Justice Paul Gilligan had last December refused to accept a doctor’s certificate given to the court on Mr Ward’s behalf that stated the businessman had a medical condition preventing him attending court, counsel said. Judge Gilligan had also stated he would not accept the medical cert unless the doctor who wrote it came before the court.

After considering Mr Wade’s submissions, Ms Justice Stewart said, given the circumstances, she was making an order directing gardaí to attach Mr Ward and bring him before the court next Wednesday to answer his alleged contempt.