IN THE COURTS:The Master of the High Court hears many of the initial applications to have debts recovered, writes Colm Keena

EDMUND HONOHAN SC is the Master of the High Court and he sits in a frequently crowded courtroom on the second floor of the Four Courts complex.

As well as other matters his court is where you go if you want to recover money you say you are owed and the debtor has indicated that he or she or it may contest the claim.

It is also the initial court banks go to when seeking possession of mortgaged property when they say the recipient of the loan is in default.

The gowned barristers that go there to be heard are generally relatively young, and the small batches of documents they hold as they wait their turn often represent what is for the defendants, and sometimes the plaintiffs, commercial and personal disaster.

Seán Yates, a tall, bearded, well-built man wearing casual clothes, was there representing himself. With an address on the legal documents c/o O'Donovan & Cowen solicitors, Tullamore, Co Offaly, he was there because the Bank of Ireland was looking for €123,000 it said it was owed from a mortgage it had secured on a garage.

Mr Yates said his business had gone "belly up" some time ago. He'd sold the garage and given the money raised to the bank. "I thought the bank would take the money and that would be it."

However, the money was used to pay other debts he had with the bank and which he'd guaranteed. He said this was contrary to the verbal understandings he'd come to with the bank.

When Mr Holohan raised the issue of legal representation, Mr Yates said he had no money to pay for it. He was working as a steel erector and was "just ticking over".

"Is there any prospect of you repaying this money?" asked Mr Holohan.

"If I win the Lotto," Mr Yates replied. The case was adjourned for three weeks.

The Bank of Ireland was also seeking possession of a pub in Drumlish, Co Longford, from Niall and Gráinne Flynn, Mary Street, Drumlish.

In June 2005 they had taken out a €410,000 refinancing and renovation loan, but had begun to fall into arrears in 2007. They were now €36,000 in arrears.

A barrister representing the defendants said the couple had that morning by fax stated a cheque for €8,750 was available. She said a real proposal to increase the weekly payments to the bank from €750 to €1,000 was being made, and the husband now had a second job.

Also they had recently reduced the price they were seeking for a site they had on the market.

Mr Honohan observed that the bank's charge on the deed of charge was against the pub licence as against the pub. "Did you make a mistake there?" he asked the bank's counsel, but got no response.

He adjourned the matter to late April but said the arrears should be brought down by €8,000 by then.

Saundby Ltd, whose directors include Treasury Holdings duo Johnny Ronan and Richard Barrett, was there with a motion for judgment against KMS Auctioneers Ltd, a company with a registered address at The Malting Tower, Grand Canal Dock, Dublin 2. The matter was put back to February 12th.

McElhinney Property Developments Ltd, a company with its registered offices on O'Connell Street, Sligo, were seeking summary judgment against Michael J Horan and Michael Monahan in relation to rent on a commercial premises. The Master heard the arrears of €84,848 that had accumulated had been paid shortly after the matter had been listed for hearing, but there remained the issue of interest and costs. The interest was only a small figure, €629, but counsel for the defendants had an argument to make in relation to the level of costs. The matter was adjourned.

When the case of George Hannan, Rush Hall, Mountrath, Co Laois, vs the Auctioneers and House Agents Act came up, his barrister said it was an unusual application.

Mr Hannan was looking for his auctioneer's deposit, or bond, back. The amount involved was €12,697. (Such bonds must be paid by people who have a licence to practise as an auctioneer.)

Mr Honohan said such applications may have been unusual last year but not any longer.

GE Capital Woodchester gave a €335,000 mortgage to a couple in Gort, Co Galway, to buy a family home, in early 2007, the court heard. By mid-2007 they had begun to default and the arrears were now at €22,179.

The court heard the husband was a self-employed tradesman and that the couple, who have young children, were suggesting they be allowed stay on as tenants. The matter was sent to the judges' list for late April.

When counsel for the broker sought an earlier hearing Mr Honohan said: "No. No houses are selling in Gort. Hopefully in three months there will be an upturn in the economy."