Man told not to reduce assets

A CO TIPPERARY architect, who was said to have a number of properties up for sale, has been restrained by the High Court from…

A CO TIPPERARY architect, who was said to have a number of properties up for sale, has been restrained by the High Court from disposing of or dissipating his assets below €850,000.

Frank Beatty, counsel for Barry and Helen Spencer-Higgins, Cam Lodge, Kilquade, Co Wicklow, told the court the couple, after buying their home in 2000, had decided to carry out major renovations.

They had employed architect AJ Murphy, with offices in Nenagh and Thurles, to design and oversee all building works at their home in their absence.

The court heard Mr Murphy, of Rhyhill, Ballinderry, Co Tipperary, had recommended the employment of Claude and Theo Buia of Pop Construction Ltd as competent and experienced professional builders to carry out the work.

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Mr Beatty said it was alleged in a High Court action against Mr Murphy and the builders that the work had been negligently and incompetently carried out and that major loss had been incurred in remedying the defective building work.

He told Mr Justice Sheehan it had come to the knowledge of Ivor Fitzpatrick and Co, solicitors for Mr and Mrs Spencer-Higgins, that the Buias had returned to Romania and their company was no longer operating here. The legal firm had learned that Mr Murphy’s practice had closed and he was in the process of selling two properties in Rhyhill for €600,000. The plaintiffs believed he was attempting to dissipate his assets in an attempt to avoid any judgments that might be entered against him.

Mr Murphy said there were loans outstanding to a bank against the properties which, because of the current financial situation, were liabilities.

He has until next Wednesday to enter sworn written evidence relating to his situation. Mr Beatty said no injunctive relief was being sought against the Buias.