Wexford man avoids jail after agreeing not to interfere with property in receivership

Ms Justice Leonie Reynolds had previously warned Arthur O'Neill that unless he abided with orders regarding a property located at Askinvillar Upper, Kiltealy, Enniscorthy, Co. Wexford, she would have no option other than to send him to jail for contempt.

Receiver Mr Ken Fennell brought proceedings against Mr O'Neill claiming that he was in contempt of an injunction granted last March restraining Mr O'Neill from entering, or from interfering with the property.

The matter had been adjourned to today's sitting of the High Court, to allow Mr O'Neill to consider his position and obtain legal advice.

Mr O'Neill gave a sworn undertaking before Ms Justice Reynolds today to comply with the orders. He had raised concerns about tenants who he said had leases in respect of the property.

However, Ms Justice Reynolds said any issue regarding any purported lease or leases in respect of the property was a matter for another day, and that the court was only concerned in dealing the issue of contempt.

The Judge adjourned the matter to Friday to see if the orders are complied with.

Mr Fennell, represented in Court by John Kennedy Bl, claimed Mr O'Neill of Marshallstown, Enniscorthy, Co. Wexford, was in contempt of court and has brought proceedings seeking Mr O'Neill's attachment and committal to prison.

Mr O'Neill and others have re-entered the property and have prevented the receiver from taking possession of the premises, he claimed.

In addition, without the receiver's consent, the property has been offered for rent on websites popular with tourists to rent for over €250 per night, including rent.ie, holidaylettings.co.uk, vrbo.com, and hometogo.com.

Following his appointment as receiver by Promontoria (Finn) Ltd over the property in 2017 the receiver 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 €2m arising out a loan advanced to Mr O'Neill and his wife, secured an injunction against Mr O'Neill preventing him from interfering with the property.

Mr O'Neill appealed that order, but there is no stay on the order.

In breach of those orders, Mr Fennell claimed Mr O'Neill re-entered the property which had been secured by the receiver's agents last May and, along with others, the defendant continues to exercise control over the property.

Mr Fennell also claimed that earlier this month a barricade including supporters of Mr O'Neill, members of the Yellow Vest movement and vehicles were placed outside the gate of the property.