Businessman must be brought to High Court over alleged contempt of court
By Ann O'Loughlin
A judge has directed a south Dublin businessman must be brought before the High Court by gardai next week over alleged contempt of court orders not to interfere with the receivership of a property owned by him.
The order was made today by Ms Justice Carmel Stewart against Gerry Ward, Mount Eagle Green, Leopardstown Heights, Dublin 18.
The case centres around a property located at Cedar Brook Avenue, Cherry Orchard, Dublin 10, owned by Mr Ward over which Mr Simon Coyle was appointed receiver by Bank of Ireland.
Mr Ward has opposed the validity of the receiver's appointment.
Mr Coyle was appointed receiver over the Cherry Orchard property 2015, which Mr Ward acquired with a mortgage from ICS Building Society in 2007.
In 2016 Mr Coyle obtained orders from the High Court preventing Mr Ward from dealing with, occupying, trespassing and interfering with the Cherry Orchard property and the receivership.
However, the receiver was unable to gain possession of the property, resulting in Mr Coyle bringing proceedings alleging contempt of the court against Mr Ward.
Proceedings were also brought against the occupier of the property Ms Amy O'Reilly, who is the mother of three young children.
The High Court previously accepted Ms O'Reilly, who said she had been paying rent to Mr Ward, was an innocent party in the matter and the contempt proceedings against her were withdrawn.
She has agreed to leave the house by early next week.
Declan Wade BL. said this was not the first time that 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.
Counsel that since December Mr Ward had been before the court in relation to several motions the businessman has brought 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.
Counsel said in December Mr Justice Paul Gilligan 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 from attending court.
Judge Gilligan had also stated it would not accept the medical cert unless the doctor who wrote it came before the court, counsel added.
After considering Mr Wade's submissions Ms Justice Stewart said that given the circumstances she was making an order directing the Garda Siochana to attach Mr Ward and bring him before the court next Wednesday to answer his alleged contempt.
