A businessman has allegedly attempted to frustrate the enforcement of a €6.9 million judgment obtained against him three years ago by fraudulently transferring properties which could be used to satisfy the debt, it has been claimed at the Commercial Court.
John Meagher, who owned the properties in Dublin’s Charlemont Street, is still their beneficial owner because he provided money to a man to buy them in a rushed off-market transaction before a bank moved against Mr Meagher over his debt, it is claimed.
Charlefort Investments Ltd, which is part of the Clancourt Group of property developers, claims that, in December 2014, one of its related companies took legal assignment of the €6.9 million judgment obtained against Mr Meagher by Danske Bank in February 2013.
Danske had appointed a receiver over Mr Meagher’s assets and the receiver took possession of 4-8 Lower Charlemont Street which properties were then acquired by Charlefort.
Charlefort also took over Danske’s legal proceedings against Mr Meagher aimed at enforcing the €6.9 million judgment against him.
Charlefort wants to acquire adjoining properties, numbers 2-4A, which Mr Meagher owned, or still beneficially owns but he has transferred ownership of it with the intention of defrauding his creditors, in particular Charlefort, it is alleged.
Numbers 2-4A are together worth more than €1 million, Clancourt’s chief executive Conor Kenny said in an affidavit.
Mr Kenny believes Mr Meagher is still the beneficial owner of the adjoining properties and seeks a court declaration to that effect to enable enforcement of the judgment against him.
Mr Kenny claims Mr Meagher directly or indirectly provided monies to Tobias Joni, whose address is Charlemont Street, to buy two of the three properties (no. 2 and 3), in what was a fraudulent conveyance. They were then transferred to a company, Tulipcove, of which Mr Joni was the sole member, it is claimed.
Multiple attempts to get Mr Joni to court to cross-examine him about these matters were not successful, showing “an apparent desire” on his part to “evade service” and frustrate attempts to ascertain whether he disputes he holds ownership in trustee for Mr Meagher, Mr Kenny says.
Ownership of the third property (4A), is not clear at the moment, but it was among a number offerred to the Clancourt Group for sale in 2007 by Mr Meagher.
Charlefort is seeking declarations and injunctions preventing Mr Meagher, Mr Joni and Tulipcove, dealing in the three properties.
Mr Justice Brian McGovern, on the application of Paul Gadiner SC, for Charlefort, admitted the case against the three defendants to be fast-tracked in the Commercial Court list. Mr Gardiner said his client believes the properties were transferred to frustrate the judgment.
The judge also admitted to the court a related case, concerning shares in a company which owns a fourth Charlemont Street property, number 4B. It is alleged that that property is the sole asset of a company, Car Tailors Ltd, in which Mr Meagher transferred his entire shareholding in 2010 to Angela Dillon, Offington Court, Sutton, Dublin, and Stefan Antal, with addresses at Harold’s Cross Road, and Mornington Road, Dublin.
A solicitor representing Ms Dillon and the company objected to the matter being entered into the commercial list, arguing it was not a genuine business case and there was delay in bringing it.
Mr Justice McGovern said he would admit it to the list as it related to €6.9 million enforcement proceedings and there was no culpable delay. He also granted an injunction preventing Mr Antal, who was not represented, dealing with the share capital in Car Tailors. A similar injunction application against Ms Dillon was adjourned for hearing later.
In the number 4B proceedings, also brought by Charlefort, the company wants the transferred shareholding in Car Tailors to be charged against Mr Meagher’s debt.
