Judge places stay on order jailing man after claim that property in receivership is family home
A High Court judge has placed a stay on an order jailing a property owner for 10 days after he agreed not to interfere with or trespass at several premises in receivership, .
On Friday, Ms Justice Caroline Costello found Liam Mulvaney was in contempt of court orders preventing him from trespassing at or interfering with the receivership of 17 properties owned by him.
The prison term was handed down after Mr Mulvaney, who disputes the validity of the receiver's appointment, refused to comply with an injunction granted against him last December.
The injunction was sought by receiver Tom O'Brien who claimed Mr Mulvaney of Sarsfield Road, Inchicore, Dublin 8 and Palmerstown, Dublin had been interfering with and obstructing him from carrying out his duties as receiver over the properties.
Last Friday's order against Mr Mulvaney was not executed and the matter came back before the court today.
Following a submission made by Mr Mulvaney's lawyers, Ms Justice Costello said she was prepared to place a stay on the committal order if Mr Mulvaney was prepared to abide by the terms of the injunction, save for one exception.
The exception was that further investigations are to be made into Mr Mulvaney's claim that a house at Avondale Lodge, Old Lucan Road, Palmerstown, which is one of the properties in receivership, is his family home.
While that process was being undertaken Mr Mulvaney and his family could remain on at Avondale Lodge, the Judge said.
The judge adjourned the case to a date later this month after Mr Mulvaney gave a sworn undertaking to abide by the injunction.
Lawyers for the receiver had previously expressed surprise at the claim the Avondale Lodge property is Mr Mulvanney's family home.
That claim was never made when the case was before the courts last year. Avondale Lodge, like the other premises in receivership, is an investment property, the receiver says.
The receiver sought the injunction last December due to Mr Mulvaney alleged interferance with the receivership.
The receiver then sought Mr Mulvaney's attachment and committal to prison because of his alleged further interference after the injunction was granted.
Last week Mr Mulvaney rejected claims made against him by the receiver and said he intends to appeal the injunction against him.
Mr O'Brien was appointed as receiver over the properties by Ulster Bank Ireland Designated Activity Company.
Ulster Bank claims it is owed €7.5m by Mr Mulvaney arising out of his failure to satisfy its demands to repay loans advanced to him between 2004 and 2010.
