A High Court judge today ordered two company directors to pay €1.8 million to meet the debts of their construction company.
Mr Justice Peter Kelly refused to put a stay on the order for judgment against Colm and Martina McNulty, of Kilreesk Lane, St Margaret's, Co Dublin.
He was ruling on proceedings brought by Doka Ireland Formwork Technologies Ltd, with offices at Tinure Industrial Complex, Drogheda, Co Louth, against the McNultys.
Doka had claimed they had agreed in writing on February 2nd 2007 to guarantee the payment of all monies owed for equipment and services provided to Limestone Construction Ltd, of which the defendants are directors and shareholders.
The company had failed to repay some €1.798 million due and owing and demands for repayment from the directors had also not been met, it was claimed.
The defendants had also failed to honour an agreement to execute a charge on lands at Kilreesk to secure the debt, Doka claimed.
Solicitors for Doka had been advised those lands were already subject to a charge in favour of Bank of Scotland Ireland for some €450,000. The defendants had also failed to make any repayments under an agreed repayment schedule, it was further alleged.
In those circumstances, Mr Denis McDonald SC, for Doka, having earlier secured judgment against the company, yesterday applied for judgment in the sum of €1.798 million against the McNultys, plus interest and costs.
Counsel for the couple asked for a stay on the order. Mr McDonald said he would agree to a stay with conditions, including the disclosure of the McNulty's assets.
Counsel for the McNultys said she had no instructions in that regard.
Making the order for judgment, Mr Justice Kelly said there was no defence to the claim and he also refused a stay on the judgment order as the defendants had "not acquitted themselves well" in the proceedings and had sought to evade the claim being served on them personally.
However, the judge added, his refusal to grant a stay did not prevent the defendants from making overtures to Doka concerning the manner of repayment.
