A DISPUTE OVER the possession of a well-known Co Wexford pub has come before the High Court.
On Friday Mr Justice Kevin Cross was informed that KBC bank appointed receiver Mr Ken Fennell took possession of the Wicked Swan Pub, the Faythe in Wexford at the end of July.
The pub, the court was told was owned by Mr Desmond Whelan, and had been leased out to a company called Wicked Swan Ltd, of which it is alleged Mr Whelan is a director.
However a few weeks later it is claimed several parties including the defendants unlawfully entered and took possession of the premises. They have remained in occupation of the pub, which it claimed they had no right to do.
As a result Mr Fennell brought proceedings against Wicked Swan Ltd, Mr Desmond Whelan, Bramble Heights, Mulgannon, Co Wexford, Mr Corrado Forte, of Sandy Lane Curraclough, Co Wexford, who the court was told has purported to correspond with the receiver on behalf of the company.
Yesterday Mr Justice Cross said he was prepared to put an injunction in place preventing the company, Mr Forte, and others who are aware of the order, from trespassing on the property, from trading at the premises, or from interfering with the receiver in the course of his duties pending the outcome of the legal dispute.
Those parties were also directed to hand over vacant possession to the receiver. None of the defendants were present in court , however a representative on behalf of Mr Whelan asked the court for an adjournment so he can formally reply to the receiver’s claims.
The Judge agreed to put back the receivers application against Mr Whelan to September 14 next.
Seeking the injunctions barrister Alan Keating BL for the receiver said Mr Whelan was advanced a loan of €600,000 by KBC in 2008.
The pub was put up as security for the loan. After an event of default in respect of the loan occurred Mr Fennell was appointed in April of 2014 by KBC.
The premises had been operated as a public house under the terms of a lease that expired some years ago. Counsel said it had been suggested in correspondence the company was in occupation on foot of a subsequent lease.
This was rejected by both the bank, which never consented to any such agreement, or Mr Fennell, counsel said. After being satisfied that the company had no entitlement to occupy the property Mr Keating said Mr Fennell took possession of the premises in late July 2015.
Counsel said on August 20 the defendants and other individuals re-entered the premises, took possession and changed the locks, which there were not entitled to do. Mr Fennell is now seeking vacant possession of the property.
Counsel said because of the dispute between the parties the premises does not currently have a liquor licence.
His client was concerned that the defendants may attempt to trade as a licenced premises.
The absence of such a licence could lead to difficulties in the future, he added.
In his ruling Mr Justice Cross said he was satisfied to grant the injunction against Mr Forte and the company. However the terms of his order did not apply to Mr Whelan.
However the Judge said he was continuing a temporary High Court order previously granted against Mr Whelan preventing him from trading at or operating a business at the premises until the matter returns before the court.
Comments are off on this article for legal reasons.
To embed this post, copy the code below on your site
have your say