Carter Anhold & Co secure injunction for family over family home and adjoining Family Farm

Carter Anhold & Co secure injunction for family over family home and adjoining Family Farm.

CASE – Donal o’ Meara and Joan O’Meara -v- Promontoria (Aran) Limited -v- Promontoria (Aran) Limited and Stephan Tennant (Receiver)

In a recent case heard at Roscommon Circuit Court, where Judgement was delivered by Judge Karen Fergus on the 13th of November 2020, Judge Stewart found Mr. O’ Meara and his wife Joan O’ Meara of Glasderry House, Brosna, Birr, Co. Offaly were entitled to orders restraining vulture fund Promontoria and receiver Stephen Tennant from dealing with their two properties being a family home and Farm at Brosna, Birr, Co. Offaly.

The injunctions apply pending the full hearing of the dispute between the couple and Promontoria and receiver Stephen Tennant.

The couple, represented by Michael O’ Connor B.L., instructed by Solicitor Donnacha Anhold, claim the mortgage documents signed with Ulster Bank originally in respect of the properties did not contain a standalone power to appoint a receiver, and a contractual right to have the loans converted to Home Loans was never affected by either Ulster Bank or Promontoria.

Lawyers for Promotoria and the receiver opposed the application.

In this case, damages were deemed not to be an adequate remedy if the court refused the injunctions and the couple succeeded at the full trial.

The court was concerned about the O’Meara’s property rights, and the balance of convenience favoured granting the injunction, the Court ruled.

A copy of the Courts order can be viewed here.