The Bank of Ireland receiver appointed to McElhinneys fashion outlet in Athboy, Co Meath, is to ask the High Court for new orders — including attachment and imprisonment.
Receiver Barry Forrest launched fresh proceedings against members of the Sweeney family, which owns the McElhinney premises, claiming they failed to honour a settlement agreement they allegedly entered last October.
The receiver last year sought possession orders in relation to McElhinney’s Department Store, McElhinney’s Bridal Shop and Guinans, all at Main St, Athboy.
Mr Forrest was appointed by the bank in March 2013 after the properties’ owners failed to repay loans totalling €2.34m. The properties had been put up as security.
McElhinney Fashions Ltd, which operates the business, as well as the owners of the properties, Neal Sweeney, Aonghus Sweeney, Elizabeth Sweeney and Mary Sweeney, opposed the application.
The High Court had previously been told the matter had settled with an agreement that the owners would hand over possession of the three properties. It had also been agreed a stay until May 31, 2015, would remain on an order for possession of the main department store premises in Athboy.
Ms Justice Mary Faherty was told by lawyers for the receiver that the defendants had not complied with parts of the agreement.
In a brief ex-parte hearing, the court was told the receiver intends seeking the attachment and committal to prison of several of the defendants. Judge Faherty granted the receiver permission to serve short notice of his intentions on the defendants and adjourned the matter for a week.
© Irish Examiner Ltd. All rights reserved