McFeely says family 'on street'

Tue, Oct 23, 2012, 01:00

BANKRUPT DEVELOPER Tom McFeely has claimed his wife and children are “living at the side of the street” as a result of the National Asset Management Agency’s repossession of their luxury home on Dublin’s Ailesbury Road.

Mr McFeely also yesterday waved what seemed to be a photograph of an apparently derelict property before a High Court registrar when she was dealing with procedural matters prior to the hearing of his challenge to the possession order.

When he asked the registrar, Angela Denning, was she aware where it was being said his family could live, and waved the picture, Ms Denning responded she could not address that matter but could only deal with the application for directions concerning the appeal.

Representing himself, Mr McFeely said he had had to dismiss his previous lawyers for financial reasons and wanted a short adjournment so his new lawyer would be fully prepared for the appeal hearing.

This was about an attempt to put him out of his home and his wife and children were “on the side of the street” due to “lies”. He wanted the matter heard quickly, he said.

Counsel for Nama said the matter was urgent, the court had already ruled there was no merit in this appeal when refusing a stay on the possession order and the agency wanted the matter determined as soon as possible.

The registrar said she would list the matter for mention next Tuesday, when a hearing date would be fixed.

Mr McFeely, whose company developed the Priory Hall complex in Donaghmede, closed last year by order of the High Court due to fire safety concerns, is appealing against an order for possession of the Ailesbury Road property last August.

The Dublin City Sheriff seized the McFeelys’ home on behalf of Nama on foot of a High Court order. The agency sought possession arising from Mr McFeely defaulting on a €9.5 million mortgage taken out in 2005.

The McFeelys were given until August 10th to vacate the property by Mr Justice Michael Peart, who refused their bid to defer possession.

Nama, in opposing any stay on possession, argued the McFeelys had effectively been living rent-free on Ailesbury Road since August 2009 when the last payment on the loan was made.

The Supreme Court has since overturned a High Court finding that Mr McFeely had breached his undertakings to remedy the situation at Priory Hall.