Former Miss Ireland Pamela Flood and Ronan Ryan win reprieve over €900k Dublin home

Former Miss Ireland Pamela Flood and Ronan Ryan win reprieve over €900k Dublin home
Pamela Flood and Ronan Ryan.

Former Miss Ireland Pamela Flood and her husband Ronan Ryan today won a reprieve in the legal battle to keep their €900,000 Dublin home.

A High Court judge Mr Justice Garrett Simons said he was not prepared to allow the fund Tanager DAC to execute an order for possession of the couple's home or to sell the €900,000 property.

Mr Justice Garrett Simons allowed an appeal brought by Ronan Ryan, husband of former Miss Ireland and TV presenter Pamela Flood, against a Circuit Court decision allowing a financial fund repossess the couple's home in Clontarf.

The appeal was against a decision by the Circuit Court in August allowing Tanager DAC to possess 136 Mount Prospect Avenue, Clontarf.

Mr Ryan had argued that the fund was not entitled to possession because he had obtained a protective certificate which gave him a period of protection from his creditors as part of his application for a personal insolvency arrangement.

Mr Justice Garrett Simons said he was not prepared to allow the fund Tanager DAC to enforce an order for possession of the couple's home or to sell the €900,000 property.

Mr Ryan, the judge said was entitled to avail of the benefit of the protective certificate.

The Judge said he was satisfied to set aside the Circuit Court's decision, made last August, in favour of Tanager.

Tanager could not execute the possession order in respect of the couple's home and the protective certificate granted to Mr Ryan "continues in force."

Mr Ryan, a well-known restauranteur, has a €1.2m mortgage debt on the property. Ms Flood was a notice party to the proceedings.

Mr Ryan had consented last March to the making of an order for possession in respect of the house in favour of Tanager, subject to a four-month stay on the execution of that order.

The house was to have been vacated by July 9.

Tanager claimed the couple and their family did not leave.

Instead, Mr Ryan brought proceedings under the Personal Insolvency Act and obtained a protective certificate from the Circuit Court in late June.

The certificate prevented Tanager from executing the possession order against the couple's home, pending the determination of the application of a personal insolvency arrangement.

Tanager, which acquired the loan Mr Ryan took out on the property, opposed the appeal and had argued that it was fundamentally unfair if the existence of the protective certificate was allowed derail its order for possession.

It argued that Mr Ryan should not be allowed to go behind the consent order made in March. Mr Ryan's conduct in seeking a protective certificate, it was argued, represented an abuse of process.

This was because Mr Ryan had failed to disclose the existence of the possession order when seeking the protective certificate.

Mr Ryan, represented by Keith Farry Bl instructed by solicitor Eugene Carley argued that there had been no material non-disclosure by him, and despite the existence of the possession order Mr Ryan met the eligibility criteria for a protective certificate.

In his ruling, Mr Justice Simons said that while it was unsatisfactory that the existence of the possession order was not disclosed to the Circuit Court the omission did not constitute a material non-disclosure.

The existence of the possession order, the judge, said would not have affected the outcome of the application for a protective certificate.

The possession order the Judge said is not a bar to the restructuring of secured debt by way of an insolvency arrangement.

The fact that Tanager has the benefit of an unexecuted order for possession does not preclude the possibility of the restructuring of debts as envisaged under personal insolvency laws.

Mr Ryan, the judge added, met the eligibility criteria for the protective certificate.

The Judge also said that the Personal Insolvency Act makes special provisions for debtors principal private residence, and allows for the possibility of courts approving measures to allow debts to keep their homes.

The house in Clontarf he said is occupied by Mr Ryan, Ms Flood and four minor children.

The Judge said that it would be disproportionate to sanction Mr Ryan over the non-disclosure and allow Tanager to enforce its security before the application for a personal insolvency arrangement had been determined.

He accepted there may well be cases where the protective certificates will be set aside due to material non-disclosure.

However, it would undermine the objective of insolvency legislation if creditors were routinely to make applications seeking to set aside orders based on inaccuracies or ommissions which are immaterial.

A proliferation of such applications would he said take up scare court time and ultimately delay the final determination of the insolvency process.

The Persona Insolvency Act provides ample safeguards for creditors at the stage of application to confirm or approve a personal insolvency arrangement.

These protections will in most cases make a separate application to set aside a protective certificate unnecessary, he added.

The Judge adjourned the matter to next week to allow the parties to fully consider his decision.

More on this topic

Former sex worker seeks to stop another from publishing claims she never 'worked' certain Dublin streetsFormer sex worker seeks to stop another from publishing claims she never 'worked' certain Dublin streets

Boy settles case against creche mentioned in RTE Investigates documentaryBoy settles case against creche mentioned in RTE Investigates documentary

Woman at centre of Irish-British citizenship battle vows to fight onWoman at centre of Irish-British citizenship battle vows to fight on

Victory for British Home Office in Northern Ireland citizenship appealVictory for British Home Office in Northern Ireland citizenship appeal


More in this Section

Study finds sons stay at home longer than daughters, costing parents thousands extraStudy finds sons stay at home longer than daughters, costing parents thousands extra

Mental Health Commission identifies 12 areas of high-risk non-compliance in three centresMental Health Commission identifies 12 areas of high-risk non-compliance in three centres

Number of religious marriages in Ireland drops for fourth year in a rowNumber of religious marriages in Ireland drops for fourth year in a row

Angry scenes outside Department of Agriculture ahead of first Beef Market Taskforce talksAngry scenes outside Department of Agriculture ahead of first Beef Market Taskforce talks


Lifestyle

Helen O’Callaghan says we are the least strict in all of Europe.Praise over punishment: Irish parents least strict in Europe - study

Kya deLongchamps detects a hint of rebellion behind the ritual of afternoon tea.Vintage View: English tradition of afternoon tea won't exit with Brexit

Friends and Young Offenders actors Shane Casey and Dominic MacHale speak to Pat Fitzpatrick about struggling to make it but why they are not seeking out fame.‘I was down to a euro’ - The Young Offenders actors tell of struggle to make it in acting

Gerry Fitzgerald runs Bandon Books Plus in Riverview Shopping Centre, Bandon, Co Cork.We Sell Books: Turning over a new leaf from bank to bookshop in Bandon

More From The Irish Examiner