Proceedings against Ivor Callely over €2.9m debt admitted to fast-track Commercial Court

A High Court judge today said he was satisfied former Junior Minister Ivor Callely had taken steps to evade service of court proceedings relating to an action by a finance company suing him over €2.9m outstanding on loans.

Mr Justice David Barniville admitted the case to the fast-track Commercial Court list and said it was quite clear Mr Callely was aware of the court proceedings.

The judge has been told of attempts to serve notice of the proceedings on Mr Callely and Mr Callely’s email account had been deactivated. The account was reactivated at the weekend when Mr Callely sent a letter to solicitors for the finance company saying he was not “physically, emotionally or mentally fit” to come to court.

Ivor Callely and his wife Jennifer Foley Callely are being sued in the Commercial Court by a finance company over €2.9m outstanding on loans to them in 2013 for property investment.

Everyday Finance DAC is seeking judgment against Mr Callely, Howth Road, Killesterand Jennifer Callely, St Lawrence Road, Clontarf, both Dublin, arising out of €2.4m in loans advanced to them by AIB to purchase investment properties. The loans were sold to Everyday Finance in 2018.

Counsel for Everyday Cian Ferriter SC told Mr Justice David Barniville today that emails had been sent to Mr Callely informing of the proceedings to have the case against him admitted to the Commercial Court list. Counsel said it appeared Mr Callely’s email account was deactivated and later reactivated and the letter sent to Everyday’s solicitors.

In the letter, the former Fianna Fáil TD and senator, who was jailed for five months in 2014 for fraudulently claiming expenses from the Oireachtas, said he was involved in a horrific bicycle accident in West Cork last August. He suffered life-changing injuries including paralysis and also underwent spinal surgery.

Asking for an agreement to adjourn the proceedings Mr Callely said he is currently a hospital weekday in-patient in receipt of rehabilitation.

He also said he wanted to put on record that at no stage had he been involved in a “running battle” with Everyday Finance or their representatives.

Ms Foley Callely, the judge was told, had lodged a replying affidavit and contended the issues involved are before the courts in another case.

Admitting the case to the Commercial Court list, Mr Justice Barniville said it was quite clear Mr Callely was aware of the proceedings and he was satisfied the papers were served on Mr Callely.

Referring to Ms Foley Callely, the judge said she has been totally upfront with the court and at all times appeared before the court.

The case will be heard in February next year.