Unpaid builder can remove goods

A builder who had left his vans as a protest on the site of luxury upmarket holiday homes near Waterville for which he had never been fully paid has secured a court order to allow him to remove US-style fridge freezers, part of a sound system, microwaves, condenser driers, kitchen islands, and other contents.

The €6m holiday home complex, The Cloisters overlooking Lough Currane in Kerry, was billed as one of the region’s most luxurious holiday home developments in 2007.

One of the houses had been on the market for over €600,000, the Circuit Civil Court in Killarney was told.

The court heard The Cloisters was now in the hands of receiver Michael O’Regan and he was anxious to resolve the matter because the development had now been sold but the sale could not be finalised.

Brendan Mangan Construction Ltd of Dirrinadin, Mastergeehy, Killarney, was engaged to construct the luxury development of The Cloisters, at Spunkane, Waterville, for a contract price of over €3m in 2006.

While the houses were built and fitted to a high standard by Mr Mangan, he was never fully paid by the Limerick developers, the partnership of Neil O’Carroll, Neil O’Carroll, Noel Conolin, and Mike Gavin.

Mr Mangan was owed over €770,000 and had secured an order from the High Court to recover that, and he wanted to remove the goods for which he had never been paid. However, the receiver, Mr O’Regan, had changed the locks.

“His duty is to Nama — the minute he locks me out of recovering my goods, he is acting unlawfully,” said Elizabeth Murphy, for Mr Mangan.

Eliza Kelleher, for the receiver, said there was an urgency as a sale had been agreed in April. Mr O’Regan had been appointed in 2013.

Mr Mangan had only lodged his claim for these goods on June 16 last. “We have a counter-claim for trespass because his vans are on our property,” Ms Kelleher said.

The contents which Mr Mangan will be allowed remove was drawn in open court yesterday and handed to the registrar. They include kitchen islands which the court was told were not fixed to the tiled floors.

Mr Mangan was told to remove his vans within seven days. He has 21 days to remove the goods.