Former mayor wins appeal over debt

A former Roscommon county mayor has won a High Court appeal against a decision that €400 a month be deducted from payments to him as a councillor to meet a €31,774 debt.

Independent councillor Tom Crosby, who was mayor of Roscommon County Council in 2012/13, owed the debt, along with two others, relating to a dispute over a housing development called Tarmon Harbour Marina, Tarmonbarry, Co Roscommon.

Mr Crosby was involved in the development with Michael McNamara and Kieran O'Brien and all three men were defendants in an action for alleged breach of contract brought by Eamon Flanagan and Maresa Prendeville of Tarmonbarry.

Debt discharged

In November 2010, Mr Flanagan and Ms Prendeville obtained a judgment for €8,955 against Mr Crosby and the other two men. When legal costs were added, at about €23,000, the total owed was €31,774.

On March 20th, 2012, Circuit Court Judge Rory McCabe appointed a receiver over payments by Roscommon County Council to Mr Crosby which meant officials would have to withhold €400 a month from him until the debt was discharged.

He appealed this decision to the High Court, arguing the appointment of a receiver could not be used to displace the normal procedures for getting a debt paid, which are instalment orders from the District Court.

Allowing the appeal, Mr Justice Gerard Hogan agreed that an instalment order “would have been a more straightforward remedy”.