ACC secures €6.5m orders against couple

ACC Bank has secured €6.5 million summary judgment orders against a Co Westmeath couple over unpaid development loans.

In separate and additional proceedings before the Commercial Court yesterday, ACC is also claiming about €11m summary judgment orders against two Co Leitrim men and €4.5m summary judgment against a Co Wicklow businessman.

Mr Justice Peter Kelly transferred all three cases to the court list and adjourned them to various dates next month.

In the first case, ACC sought €6.5m summary judgment orders against Donal and Patricia Doyle, of Tornanstown, Gaybrook, Mullingar, Co Westmeath, and Liam Young, of Belvedere Hills, Mullingar, arising from loans advanced on dates from 2006 and 2007 related to developments in Kinnegad.

There was no appearance by or on behalf of the Doyles and, after finding the proceedings were properly served, Mr Justice Kelly granted judgment for €6.5m to the bank against the couple.

Mr Young was represented and his counsel said he wanted to defend the application on grounds including his claim ACC was a partner of the defendants insofar as it sought to take a 20% profit share in their enterprise. A receiver had also been appointed over assets including a farm and no account had been given of profits, counsel added.

Mr Justice Kelly said he would allow Mr Young time to file an affidavit setting out his defence and adjourned the proceedings against him to next month.

In a second case, ACC sought summary judgment for almost €11m against Pat Slevin, Farbar, Glenfarne, Co Leitrim, and Finbar Ryan, Lurganboy, Manorhamilton, Co Leitrim, over loans issued from 2004 to acquire lands at Manorhamilton for development and also for construction purposes.

Mr Justice Kelly said he would deal with the summary judgment application late next month with defences to be outlined on affidavit prior to that.

In a third case, Hugh O’Keeffe, for ACC, said it was seeking summary judgment against Damien Conway arising from a €5.5m loan facility advanced in 2007 to refinance existing facilities and to purchase a site at Main Street, Clane, Co Kildare.

ACC has appointed a receiver over Mr Conway’s interest in a property, Beech Court, at Clane.

Mr Conway, Monksrock, Ballynerrin Lower, Wicklow, represented himself and said he wanted time to advance a defence in relation to interest charged on the loan and other issues.

Mr Justice Kelly adjourned the matter to late next month.