Wexford family restrained from selling properties

High Court directs Forte family to account for rents paid on Wexford properties

Ms Justice Iseult O’Malley restrained Tuskar from selling properties

Ms Justice Iseult O’Malley restrained Tuskar from selling properties

Wed, Aug 27, 2014, 01:01

A Wexford family consisting of two brothers and their father, and a company, Tuskar Property Holdings Limited, were restrained by the High Court yesterday from selling or offering for sale a number of properties in the town.

Ms Justice Iseult O’Malley granted the order to Shane McCarthy, the receiver appointed by ACC bank over the properties at Lower Rowe Street and High Street.

She also directed Corrado Forte, of Longreef, Sandy Lane, Curracloe; his brother, Roberto, Lower Rowe Street, and their father, Annino, of Monforte House, Coolcotts, to hand over keys, alarm codes, locks and all other security devices relating to the properties.

Account for rents

Judge O’Malley also told barrister Aaron Shearer, counsel for the receiver, that she would direct the defendants and their family members to account for all rents paid on the property in High Street since Mr McCarthy was appointed in June 2013.

Mr Shearer said that in overall proceedings yet to be determined by the court the bank was seeking possession of the two properties and declarations that leases purportedly applying to them were void and of no legal effect.

The receiver said in an affidavit that a loan from the bank was in arrears and the outstanding amount in June last was €2,567,884.