AN AGENT of a bank-appointed receiver was grabbed by the throat and threatened with a hammer when he went to inform a man his business was being taken over for failure to repay loans of €1.78 million, it was claimed before the High Court yesterday.
Mr Justice Roderick Murphy granted an injunction restraining any interference with the receiver taking control of the businesses in question, Speedwell Developments Ltd and Tronmarron Ltd, which are involved in the building and garage trades.
The injunction is against John Cunningham, Termon, Virginia, Cavan, and Edward Cunningham of Athlumney, Navan, Meath, who dispute the receiver’s claims that they are directors of the firms. Neither man was in court yesterday, nor were they represented.
Bernard Donleavy, for the receiver, said Mr Ferris had been contacted by an insurance broker on January 13th last, who said he had been appointed to act as an agent for the Cunninghams. Counsel said only a solicitor could act as an agent but, out of courtesy, the receiver would forward notice of the injunction proceedings to the insurance broker.
The companies had been ordered by the High Court last July to repay to ACC Bank loans and interest amounting to €1.78 million. The court was told the loans were taken out on the strength of properties owned by the companies in Castlerahan, Cavan, and Athlumney, Navan.
The loans were not repaid and Mr Ferris was appointed receiver on January 8th last.
In an affidavit, Sean Tierney, an agent of receiver Martin Ferris, said he went to the Navan premises to serve papers notifying the appointment of the receiver. Mr Tierney said Mr Cunningham had grabbed him by the throat when he confirmed he had already delivered a letter to Mr Cunningham’s wife at their home.
Mr Tierney said Mr Cunningham had then threatened him with a hammer and said “he would batter my head in”. Mr Tierney said he managed to break free.
Granting the injunction preventing any interference with the receiver in taking control of the premises, Mr Justice Murphy ordered the Cunninghams to deliver up keys and security codes and not to trespass.