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Posts tagged ‘High Court’

Pringle begins ESM legal challenge


The European Stability Mechanism Treaty breaches the Irish Constitution, European Union law and the treaties of the EU on several grounds, Independent TD Thomas Pringle has argued before the High Court.

Mr Pringle’s action raises matters of “enormous importance” for the State and is fundamentally concerned with the rule of law in the State and the EU, his counsel John Rogers SC said.

The ESM treaty of February 2012 will dilute the financial sovereignty of this State and its capacity to say yes or no in the realm of economic and monetary matters, the Donegal South West TD contends. The treaty will also give officers of the State, particularly the Minister for Finance, powers beyond those conferred on him by law.

Mr Pringle claims the ESM treaty is inextricably intertwined with the Fiscal Stability Treaty approved by the people in last month’s referendum and he argues Ireland cannot formally ratify the ESM treaty next month, as intended by the Government, without first putting that to the people in a referendum.

He claims the treaty breaches the Constitution and other EU treaties on a number of grounds, including that it provides for establishment of an autonomous financial institution, akin to a bank, with the power to grant financial assistance beyond circumstances permitted by the EU treaties

full article at source: http://www.irishtimes.com/newspaper/breaking/2012/0619/breaking50.html

How many more Priory Hall’s are there?

Around 180 residents of the Priory Hall apartment complex in Dublin have spent the night at a hotel.

The move is part of Dublin City Council’s plan to provide them with alternative accommodation.

The residents have been told they must leave their homes because of fire safety concerns.

Compulsory evacuation has been delayed by the High Court until Thursday.

The property developers behind the complex, Thomas McFeely and Larry O’Mahony, have also been ordered to surrender their passports.

see full article here :http://www.rte.ie/news/2011/1018/prioryhall.html


There is an even bigger problem facing the residences of the
hundreds of apartment blocks all around Ireland and that is the ever-increasing
costs the so-called management companies place on to the owners of such apartments.
I know of at least two apartments blocks in the City Centre that have severe
problems trying to get insurance cover because of potential injury claims that
are coming down the road at them .This has places an unsustainable burden on
the owners that are paying the masive management fees in this particular apartment
complex .Without a proper insurance in place all of these apartments are unsalable!
The hapless owners are oblivious to this outcome because they are not selling
yet !

Anglo execs still refusing to co-operate

By Emmet Oliver,
A group of former Anglo Irish Bank executives and other witnesses are still refusing to co-operate with the two-and-half year investigation into the bank, despite a fresh appeal by officers working for corporate watchdog head Paul Appleby.

The joint garda/Paul Appleby-led investigation team made a fresh appeal in May and June
— but people restated their refusal to co-operate through their lawyers, an affidavit reveals.

The investigation team wants to interview the group to shed light on a range of
events in 2008 when the bank was under severe market pressure, including the
warehousing of loans with other lenders and a deposit transaction between Anglo
and Irish Life & Permanent.

A senior garda attached to Mr Appleby’s office, Eamonn Keogh, has revealed that the fresh
appeal prompted a change of heart by some of the “reluctant
witnesses”. “A small number have since co-operated and made statements or have committed to making statements in the near future,” said his affidavit. “A definitive
response is outstanding from the remainder.”


The investigation team had been trying to get interviews with some individuals for
more than a year, he added. Mr Appleby and his colleagues say they have no
powers to force people to give evidence. However, the High Court heard yesterday that new powers under the Criminal Justice Act could yet change this position. In certain circumstances, witnesses will have to co-operate under the terms of this bill which is making its way through the Oireachtas. The affidavit
was opened in court during an application by Mr Appleby for more time to
continue his probe. This request was granted by Mr Justice Peter Kelly, who
told the court special powers to seize material and activate warrants could
remain in place until early next year.

Mr Justice Kelly said the collapse of Anglo had “devastating consequences” and it was
not unreasonable for people to expect a thorough investigation into whether the
criminal law had been breached. The court also heard evidence from a legal representative of the Director of Public Prosecutions (DPP), who said it was not right to say “nothing” was
happening in the investigation.

The DPP was being kept fully appraised and had received a number of “modular”
reports. Barrister for the DPP, Una Ni Raifeartaigh, said it had been decided that all the various strands of the investigation should be finished rather than deciding on charges
on some segments. She said there was an overlap in witnesses between the
different strands and also other linkages.The investigation team is still hoping to finish up by the end of the year, the affidavit makes clear. However, this is subject to various provisos, the team made clear in evidence to Justice Kelly. Some of the
warehousing of loans — known as refinancing by the investigation team — was a
lot more extensive and complex than previously thought, said the affidavit.

This was a wholly unexpected development, it said, but the team was now getting a better
understanding of the transactions.

– Emmet Oliver,
Deputy Business Editor

source http://www.independent.ie/business/irish/anglo-execs-still-refusing-to-cooperate-with-probe-2833214.html



This is outrageous
the government should enact emergency legislation immediately we are dealing
with a known corrupt bank  I cannot
understand why top managers and directors are allowed to get away with not supplying
the gardaí with the information they need .These people should be brought
before the courts and jailed why do we not have the names of these people
splashed across the newspapers Name and shame  these crooks. Anybody else would be in jail by
now. Who is protecting these people? What dirt have they on the politicians, who
are afraid to act against these gangsters? Allen Shatter what are you afraid of?

long-awaited by-election in Donegal South-West go-ahead

The Government has bowed to unprecedented pressure from the courts and agreed to a long-awaited by-election in Donegal South-West.

The coalition now faces a mammoth battle to retake the seat targeted by Sinn Fein after it was left empty 17 months ago.

The party’s Senator Pearse Doherty challenged and defeated the Government in the High Court over its refusal to set a date for the vote, but the Government said it would appeal against the ruling.

Mr Justice Nicholas Kearns supported Sinn Fein’s claim that the writ for the by-election should have been moved by now but stopped short of ordering a date to be set.

After a Cabinet meeting Government Chief Whip John Curran said the writ for the poll would be moved tomorrow, with the vote held at the end of month.

“The Government, having heard the views of the Attorney General, has decided to appeal the decision of the High Court in view of the serious issues of constitutional importance raised by the judgment with very significant implications for future by-elections,” Mr Curran said. “The Government nevertheless has determined in light of the judgment, to hold the Donegal South-West by-election forthwith and without seeking to await the outcome of the appeal, as it is entitled to do so.”

Mr Curran said he would expect the by-election to be over by the end of November, as the Government makes final preparations for the December 7 Budget, expected to be one of the harshest in the state’s history. He said Government parties found it difficult to win by-elections but added Fianna Fail would select a candidate as soon as possible and vowed to vigorously contest the campaign.

The Chief Whip said the decision to appeal against the judgment was taken on foot of information from the Attorney General on the separation of powers between the courts and the Oireachtas. The High Court ruled the Government had offended the spirit of the Constitution by failing to hold the long-awaited poll.

“I am satisfied that the delay in this case is so inordinate as to amount to a breach of the applicant’s constitutional rights to such a degree as to warrant the court granting some form of relief,” said Mr Justice Kearns, High Court President. “Far from the court ‘tearing asunder’ the provisions of the Constitution by adjudicating on this application, it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation.”

Other constituencies awaiting a new TD include Waterford, after former minister Martin Cullen resigned on health grounds, Dublin South, left empty by journalist George Lee, and Donegal North-East, vacated by Dr Jim McDaid

Read more: http://www.belfasttelegraph.co.uk/news/local-national/republic-of-ireland/government-agrees-to-byelection-14993967.html#ixzz14GczPJNz


This government helped by the Greens have robbed the citizens of this and other parts of the country of their democratic right to have representation in the Dail. The courts have now been used to get this right acted on and eternal shame on the current government and especially the Green Party for having allowed this betrayal of the citizen’s basic constitutional right to be violated in this way

How low will they stoop to stay in Power????

McInerney:examinership or receivership?

McInerney set to learn its fate later today: examinership or receivership?
namawinelake | October 4, 2010 at 10:40 am | Categories: NAMA | URL: http://wp.me/pNlCf-Ex

One of Ireland’s oldest building companies, McInerney Homes, is back in the High Court at 2pm today to learn whether the plan for survival submitted on Friday last by examiner Billy O’Riordan of PwC, is promising enough to persuade the judge, Mr Justice Frank Clarke to allow the examinership to continue. The case is by no means assured for McInerney who seemed to have submitted an optimistic outlook for residential property in the State when they were granted conditional examinership on 13th September, 2010.
As has been noted here before, examinership (which is an Irish invention but closely modelled on US Chapter 11) is becoming more difficult to secure particularly for construction and property development companies. McInerney claim that 100 jobs depend on being allowed to complete the examinership process that might see banks paid 60c in the euro and US fund (and sometimes “vulture fund”) Oaktree Capital injecting a reported €10m into McInerney in Ireland (and a further €30m in McInerney in the UK which is not subject to the examinership proceedings).

full article here http://namawinelake.wordpress.com/

Sean Fitzpatrick is renting properties at bargain-basement levels

Sean Fitzpatrick – best value for money landlord in the State?
namawinelake | September 25, 2010 at 11:38 am | Categories: Irish Property, NAMA | URL: http://wp.me/pNlCf-C7  

The Irish Times yesterday reported on former Anglo Irish boss Sean Fitzpatrick’s continuing bankruptcy journey through the High Court and stated that Sean, together with his wife in some instances, has a number of properties on which he is collecting rent. The details of the properties given would seem to suggest that Sean is renting properties at bargain-basement levels, in particular on the following two properties:
(1) 25 Camaderry Road, Bray, Co Wicklow on which Sean gets €5,100 per annum in rent (that’s an even €425 per calendar month). I don’t know the road at all but a summary search on DAFT.ie shows a three-bedroom one-bathroom semi-detached house on Camaderry Road with a sale agreed status – the asking price was €569,000. There doesn’t seem to be any other property for sale or rent on Camaderry Road. If Sean’s 25 Camaderry Road property were similar to this property and the €569,000 asking price was a reflection of the value of the house then Sean would be getting a yield of 0.9%. The Rent Assistance for Wicklow is €529 pcm at the very lowest single occupancy level and rises to €1,110 pcm, so Sean appears to be undercutting the State’s own rental assistance levels!
(2) Flat at 7th,8th and 9th floors, Smithfield Market, Dublin on which Sean is reported to be receiving €16,800 per annum (equal to an even €1,400 per calendar month). Again there are no further details of the accommodation but if the apartment extends over three floors, it is hardly a studio! Now it appears that you can rent a 1-bed apartment from €850 pcm in the Smithfield Market but penthouse apartments would appear to be going for €2,600 pcm. Without knowing more details about Sean’s flat it would be difficult to comment but on the face of it a 3-floor flat for €1,400 pcm appears very low.
It should be said that the Irish Times article also refers to a property at Killiney Court being rented for €30,000 per annum (€2,500 pcm) and previous reporting has claimed this property is an apartment so it would seem that the rental on the Killiney Court property is more in line with open market rents.
source http://namawinelake.wordpress.com/author/namawinelake/

Files in the Land Registry Office show that Mr and Mrs FitzPatrick became owners of an apartment in Smithfield Market in December 2006.

Ownership of the apartment, which is on the seventh, eight and ninth floors of the building according to the registry documents, was transferred in December 2006 by Fusano Properties.

Fusano was the developer of the complex and is part-owned by businessman Paddy Kelly. Fusano was funded by Anglo Irish Bank.

Mr Kelly’s loans are now understood to belong to the National Asset Management Agency.

In May 2008, a mortgage against the property was registered by Haven Mortgages. In his statement of affairs filed as part of his bankruptcy proceedings, Mr FitzPatrick said he was getting an annual income of €16,800 from the apartment. source http://www.irishtimes.com/newspaper/finance/2010/0924/1224279586377.html

In May 2008, a mortgage against the property was registered by Haven Mortgages. In his statement of affairs filed as part of his bankruptcy proceedings, Mr FitzPatrick said he was getting an annual income of €16,800 from the apartment.

The apartment was one of three properties he said he was renting but which, when mortgage payments and other costs were taken into account, were producing a monthly loss of €3,505.

Another of the properties was 25 Camaderry Road, Bray, Co Wicklow, from which Mr FitzPatrick gets €5,100 per annum in rent.

A lien against this property was registered in March 2009 in favour of Ulster Bank.

The final property being rented is at Killiney Court, Station Road, Killiney, Co Dublin, from which he gets rent of €30,000 per annum.

source http://www.irishtimes.com/newspaper/finance/2010/0924/1224279586377.html


I thought Sean Fitzpatrick has only 188 euro a month to live on!

Why is this c**** been let con his creditors and the Irish taxpayers?

Anywhere else he would not have such a grin on his face

he is making such a fool out of us all ! He should be in Jail along with the rest of the gangsters that have destroyed this country

Supreme court carrousel


The seven companies, Vantive Holdings, Morston Investments, Villeer Developments, Paytor Developments, Carragh Enterprises, Parlez International and Royceton controlled by developer Liam Carroll, that had a second application for High Court protection refused last week are now going to appeal that decision to the Supreme Court again

The group’s original application was turned down by the Commercial Court and the Supreme Court.

Last Thursday, the High Court refused a second application for examinership by the seven companies.

Has it occurred to anyone that we are seeing a pattern of behaviour here? Lisbon 1,

Lisbon 2, Lisbon 3? Lisbon 4?

For Liam Carroll
it would seem if you don’t get the results you want just keeping going back again and again, everybody knows that this is just moving around the deck chairs on the titanic

This is also making a mockery of the Supreme Court.

The message is coming out loud and clear

There is one law for the Rich and one law for the poor in this country .There is special treatment for the super rich and the poor are just kicked out of their homes dumped out on to the street

I these crooks in the Dail manage to push through NAMA then I propose that all home owners in the country create one large housing association and then clam the same protection for all householders in the country this should stop all evictions and people who are about to lose their homes should be able to say to the banks to come back when the property market has recovered to the previous levels

This should give the same protection that is being given to the Banks and developers to all the citizens of the state

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