A High Court judge yesterday warned a businessman facing a contempt of court application he could not let the case go on indefinitely and a decision on the alleged contempt will be made next week.
Former car dealer John Alex Kane was in court to answer allegations of breaching undertakings previously made before the High Court not to interfere with the work of a Revenue appointed receiver Myles Kirby.
Mr Justice Michael McGrath had last week directed John Kane to come before the court to answer the contempt of court alleged against him.
The allegations relate to the former Kanes of Granard, Longford, vacant car showrooms premises. It is one of several pieces of property that the receiver, Myles Kirby of Kirby Healy Chartered Accountants, is selling in a bid to recoup a 2009 judgment for €4.97m against Mr Kane related to the non-payment of tax on car sales.
In the High Court on Tuesday, counsel for the receiver, Gary McCarthy, told the court the application related to an incident on June 9, 2020, in which it is alleged Mr Kane was seen near his former showrooms in Granard, Longford, and the lock on the door was later observed to have been allegedly forced. Mr Kane denies all allegations.
Counsel said Mr Kane was later arrested and charged in relation to the alleged incident.
Mr Kane, counsel said, had previously given an undertaking to the court not to obstruct or interfere with the work of the receiver.
Counsel told the court it was his side’s contention that there was a campaign to obstruct the receiver and that there had been an alleged breach of the undertaking to the court.
Mr Kane denied the allegations and told the court he was never on the showroom premises.. He said he was going to fight the case and he asked for a short adjournment so he can answer the allegations in an affidavit.
Mr Justice Michael McGrath said he would give one further adjournment for a week and if Mr Kane was disputing the allegations made, there may have to be a hearing. He told the businessman to put his evidence on affidavit. "I won’t be adjourning this case any further. This matter is going to be proceeding," the judge said and added he will make a determination next week.