Fund seeks judgement for €3.1m against developer
A fund is seeking summary judgement for €3.1m against a developer over default on loans to buy property.
Robert Good, of Easton, Bellevue Hill, Delgany, Co Wicklow, told the Commercial Court today he has a defence to Ennis Property Finance's application for summary judgment.
Mr Justice Brian McGovern directed there be an exchange of documents in the case and adjourned it for hearing to next October.
Ennis director, Albert Prendiville, said in an affidavit that in 2005 Bank of Scotland Ireland (BoSI) advanced two loan facilities, totalling €3.9m, to Mr Good for purposes including the purchase of property in Delgany. Part of the security included Mr Good's Delgany home.
After BoSI ceased trading in Ireland in December 2010, Ennis bought the loans from BoSI's parent Bank of Scotland (BoS).
Mr Prendiville said in November 2015, Mr Good wrote to Ennis saying he had a €5,879 direct debit set up and had "every intention of paying my mortgage each month".
Mr Prendiville said this constituted an admission of indebtedness and subsequent objections from Mr Good to repaying arising principally from "vague and unspecific allegations of overcharging" were not understood.
Ennis demanded immediate repayment of €3.1m in August 2017. Mr Good, in reply, once again referred to overcharging and said BoS had sold all his properties with the exception of his Delgany home.
Since April 2015, repayments totalling €75,000 had been made against a backdrop of a judgment amount of €3.1m being sought against him, Mr Prendiville said.
