The former chief executive of a card-payment company and his wife are seeking High Court injunctions over a bank’s alleged failure to obey a court ruling relating to an appeal over a €5.1 million mortgage on their family home.
John Nagle, former chief executive of Payzone, and his wife Joan last January secured a stay on a €5.1 million judgment secured on their family home at Falls Road, Shankill, Dublin.
The High Court granted the stay, which prevented Bank of Ireland Mortgage Bank moving to take possession of the house after the court found the bank had breached the Central Bank’s code of conduct on mortgage arrears in not granting the couple an appeal against its rejection of their repayment proposals.
Yesterday, Gary McCarthy SC, for the Nagles, said the bank was still failing to comply with that code despite correspondence between the parties since last January.
Counsel sought permission to serve short notice on the bank of their intention to seek various declarations preventing it from enforcing the judgment pending the hearing of their appeal under the code.
Mr Justice Roderick Murphy granted Mr McCarthy permission to serve the proceedings.
