ACC secures judgments for €2.3m and €2.55m

ACCBANK HAS secured summary judgment orders for €2.3 million against five Wicklow businessmen over unpaid property loans

ACCBANK HAS secured summary judgment orders for €2.3 million against five Wicklow businessmen over unpaid property loans. In other proceedings, the bank obtained a €2.55 million summary judgment against a Galway businessman.

None of the defendants had opposed summary judgment and the orders were granted by Mr Justice Peter Kelly at the Commercial Court yesterday.

Summary judgment in the €2.3 million sum was sought arising from loan facilities made available in April 2007 to the Nun’s Cross Partnership. A €1.9 million facility was made available towards purchase of a 3.25 acre site at Nun’s Cross, Ashford, Co Wicklow. That facility expired in May 2009. Some €2.3 million, including interest, was later sought.

ACC demanded repayment on July 16th, 2010, after talks about renegotiating the facility failed and a week later the bank appointed a receiver over the property.

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Before taking the legal proceedings, ACC said it had given the defendants “every conceivable opportunity” to renegotiate the facility, which was the bank’s preferred alternative, but the defendants had “stalled at every turn”.

The bank sought summary judgment against Patrick Doyle, Avondale Hall, Wicklow; David Kelly, Rathdown, Greystones; Earle Kelly, Blacklion, Greystones; Kenneth Vickers, Seaview Road, Wicklow; Joseph Ronan, Nun’s Cross, Ashford, and Rory Fahey, Brittas Road, Co Wicklow, all trading as the Nun’s Cross Partnership.

Separately, ACC sought summary judgment for €2.55 million against Kieran Flanagan, Salthill, Co Galway, arising from various loans to him in 2006, including to restructure an existing loan related to development lands at Kilcolgan and Claregalway, Co Galway. Another facility was to provide bridging finance to allow Mr Flanagan to buy a site at Bunratty, Co Clare, also for development.