Man denies contempt of court order to vacate repossessed house
Posted on 27th May 2020 at 21:21
A man who denies contempt of High Court orders requiring his repossessed house to be vacated is to be allowed back into the building to get his personal possessions.
The proceedings by Start Mortgages against Patrick Ryan relating to alleged contempt of court orders were adjourned on Wednesday to next month.
The court earlier this month ordered Mr Ryan be brought before it to answer allegations of contempt over alleged reoccupation of a house at Glendale Meadows, Leixlip, Co Kildare.
On Wednesday, Mr Justice Anthony Barr was told the house has been vacated and Start had secured the property by changing the locks. Start previously got possession of the house through the county sheriff over default on payment by Mr Ryan of a mortgage on the property which stood at €654,000.
In January, the court ordered the property be vacated. Earlier this month Start was granted orders for Mr Ryan and two alleged occupants of the house to be brought before the court over alleged contempt of the January order to vacate.
That matter was adjourned to Wednesday when Rudi Neuman BL, for Start, told the judge Start is concerned Mr Ryan would try to get into the property again.
After asking Mr Ryan several times if he was going to comply with the court order and give an undertaking not to enter the property, Mr Ryan said Start had no claim on his property and he was not in contempt of court.
Mr Justice Barr said, as the matter stood, Mr Ryan was out of the property, the locks had been changed and the property was back in possession of Start. In those circumstances, the judge said he would not have jurisdiction to send Mr Ryan in jail as he “was not de facto in contempt.”
The judge adjourned the case for a month after Mr Neuman said it wished to prepare the house for sale. He also directed Start to write to Mr Ryan offering him a reasonable opportunity, and to agree a time, to get his personal possessions from the house.
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