Anglo Irish secures judgments for €17m

ANGLO IRISH Bank has secured summary judgment orders for more than €17 million against Dublin businessman Maurice Healy, founder of the Calyx technology services group, over unpaid loans.

Mr Justice Peter Kelly was told at the Commercial Court yesterday Mr Healy was consenting to judgment in the sums sought – £6.4 million and €10.2 million – and the judge made those orders.

The proceedings against Mr Healy, Knocksinna, Foxrock, Co Dublin, were transferred to the Commercial Court earlier this week. Mr Justice Kelly adjourned them to yesterday after being told by Hugh O’Flaherty, for Mr Healy, he needed time to get instructions.

Anglo had expressed concern about any adjournment because it believed another party might bring proceedings in the interim against Mr Healy due to guarantees provided by him.

The case arose from two loan facilities – the first, for a maximum £5.75 million, was made available by Anglo in October 2008 to Mr Healy while the second, for €10.8 million, was made available in May 2009. The 2008 facility was to enable Mr Healy fund an equity investment in Calyx Holdings Ltd (CHL), a company set up to acquire Clayfox Gilttop Ltd, the vehicle used by Mr Healy and a British private equity fund to take the Calyx technology services group private. The facility was secured by a mortgage of shares held by Mr Healy in CHL and an assignment of a life policy.

The 2009 facility, for €10.2 million, was to fund personal investments by Mr Healy and was secured by charges over property and various shareholdings of his.

However, Anglo claimed, the liability of Mr Healy under the facility letters exceeded the value of any anticipated realisations from the secured assets.

Mr Healy was a founder and director of CHL and other companies in the Calyx group. Anglo had advanced considerable facilities to the Calyx group which were in default, the bank said.

Anglo sold the Calyx debt to a third party and all connected security, including a performance guarantee from Mr Healy, were also transferred as part of the sale. Anglo said it had deferred action against Mr Healy until that transaction had completed.

Anglo claimed both facilities were repayable on demand. On October 28th, it claims it informed Mr Healy some £6.45 million was owing under the first facility while €10.25 million was due under the second. It demanded repayment of both amounts by November 4th.