High Court jail threat in property row


A HIGH Court judge has told a Wexford man he has a week to decide if he will comply with a court order not to interfere with a property in receivership.

Ms Justice Leonie Reynolds said she would jail Arthur O’Neill unless he complies with the orders regarding a property at Askinvillar Upper, Kiltealy, Enniscorthy, Co. Wexford.

The judge told the father of three the terms of an injunction granted by Mr Justice Senan Allen in favour of receiver Mr Ken Fennell against Mr O’Neill last March were “crystal clear” and that he was “well aware” of their meaning.

Mr Justice Allen ruled Mr O’Neill is restrained from entering the property, or from interfering with the property.

Mr Fennell claims Mr O’Neill of Marshallstown, Enniscorthy, Co. Wexford, is in contempt of orders and has brought proceedings seeking Mr O’Neill’s attachment and committal to prison.

It is claimed Mr O’Neill and others have re-entered the property and have prevented the receiver from taking possession of the premises.

The court heard that 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.

At the High Court Mr O’Neill, who represented himself, questioned the injunction previously made against him on the basis the order did not reflect what Mr Justice Allen had said in court. He also raised issues about purported leases in respect of the property.

In reply, John Kennedy Bl for the receiver said his client was not aware of any valid leases in respect of the property.

Ms Justice Reynolds, after reading a transcript of Mr Justice Allen’s judgment, said she did not accept Mr O’Neill’s arguments.There were no errors in the report, the judge said.

The judge said the terms of the orders against Mr O’Neill were “clear” and written “in plain english.”

The Judge said the court had no option other than to jail Mr O’Neill if he was not prepared to comply with the order.

The case was adjourned by Ms Justice Leonie Reynolds for a week.


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