ACC gets €6.5m judgment over unpaid development loans

ACCBANK HAS secured a €6.5 million summary judgment against a Westmeath couple over unpaid development loans.

Also before the Commercial Court yesterday, ACC is claiming a summary judgment of about €11 million against two Leitrim men and a €4.5 million judgment against a Wicklow man.

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

In the first case, ACC sought judgment for €6.5 million against Donal and Patricia Doyle, Gaybrook, Mullingar, Co Westmeath, and Liam Young, Belvedere Hills, Mullingar, arising from loans advanced in 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 against them.

Mr Young’s counsel claimed ACC was a partner of the defendants insofar as it sought to take a 20 per cent profit share in their enterprise. A receiver had also been appointed over assets and no account had been given of profits.

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

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

Rossa Fanning for ACC said problems arose with a development at Manorhamilton, including the bank not having security from the defendants’ building company, Manorhamilton Construction, for its loans made personally to the defendants.

The bank sought to work with the builders but later initiated proceedings as other proceedings had been taken against the defendants.

Mr Slevin, representing himself, said there was “a fraud” in relation to signatures on loan documents but he could not afford lawyers.

Mr Fanning said this was the first ACC had heard of the claims made by Mr Slevin. The judge said he would deal with the summary judgment application next month with defences to be outlined on affidavit before that.

In a third case, Hugh O’Keeffe, for ACC, said it was seeking summary judgment against Damien Conway arising from a €5.5 million facility advanced in 2007 to refinance existing facilities and to buy a site at Main Street, Clane, Co Kildare. ACC has appointed a receiver over Mr Conway’s interest in Beech Court at Clane. Mr Conway, of Ballynerrin Lower, Wicklow, said he wanted time to advance a defence in relation to the loan interest and other issues.

Mr Justice Kelly noted ACC had claimed about €6.5 million summary judgment but, while not accepting Mr Conway’s complaints about interest charged, it was now prepared to waive interest with the effect it was claiming a summary judgment of about €4.5 million. He allowed Mr Conway time to set out his defence and adjourned to late next month.