Court archive
Court reports mentioning Rosegreen, Tipperary
2021-11-16 · Cork
In a High Court decision on 16 November 2021, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) for Mr Daniel Drew, a single businessman in his mid‑forties who operates a petrol and convenience store in Turner's Cross, Cork. The judge held that the court had no jurisdiction to consider the PIA, which had been rejected by Mr Drew's creditors in 2019. Mr Drew's debts exceeded €3 million, and the proposed PIA would have lasted six months, allowing him to retain a Rosegreen, Cashel property and pay creditors a €42,000 lump sum. The judge found no evidence that Mr Drew resided at the Rosegreen house at the time of the proposal, contrary to his sworn statement, and dismissed the PIP's application to confirm the arrangement. The decision noted the PIP's attempt to vary the PIA to 72 months and include rent payments, but the court declined to approve the proposal.
2017-07-04 · Cork
Gwen Bradley, partner of 28‑year‑old Evan Morrissey, has filed a High Court action to quash the inquest verdict into his death. Morrissey died on 22 March 2014 at Cork University Hospital after being discharged from South Tipperary General Hospital three times for severe headaches. The inquest, held by coroner Philip Comyn, returned a narrative verdict that he died from a re‑bleed of a cerebral artery aneurysm. Bradley claims the inquest was conducted unlawfully, that the coroner limited the scope of the inquiry, and that relevant evidence was excluded. She alleges the coroner acted ultra vires, breaching the Constitution and the European Convention on Human Rights, and that the jury did not receive all pertinent evidence. The court granted permission to proceed and set a return date for October.
2016-07-27 · Tipperary
In 2016 the Supreme Court upheld an appeal by Tipperary Raceway, a motor‑racing track owner, against a High Court injunction that had been granted to Tullamaine Castle Stud. The injunction, issued in 2008, restricted the track's operating times, citing noise that the stud claimed harmed its equine business and constituted a breach of the 2000 Planning and Development Act. The High Court judge, Mr Justice Peter Charleton, found that the track's increased use and noise amounted to a nuisance and that the track had exceeded the hours permitted by its 1981 planning permission. Tipperary Raceway argued that the breach was not subject to the seven‑year limitation period of the Act. The Supreme Court agreed that an injunction might be justified but remitted the case back to the High Court for a fresh hearing, noting that the practice of "drifting" at the track should be restrained until the High Court decided the appropriate form of injunction.
2015-07-28 · Tipperary
In a High Court case, Vivier Mortgages Ltd (formerly Home Funding Corporation) sought to re‑enter a repossession order against Patrick Cummins and his wife Christine Cummins for their Hills Lot Rosegreen property in Cashel, Co. Tipperary. The lender claimed the couple had drawn €1.39 million in 2001, with only €26,000 repaid, and that no payments had been made since 2011. The couple opposed the application, citing prejudice from a delay by the lender between 2008 and 2010 and the founder Ian Leaf's imprisonment and fraud convictions. The court, hearing the matter, was informed that the parties had settled the dispute and no decision was required. No settlement terms were read in open court, and the case was dismissed without a judgment. The settlement ended the lender's attempt to recover the loan and take possession of the property.
2015-07-15 · Tipperary
A subprime lender, Vivier Mortgages Ltd (formerly Home Funding Corporation), has applied to the High Court for possession of a family home in Cashel, Co. Tipperary, on the basis of a €1.39 million debt it claims is due on an IR£70,000 loan taken out in 2001. The lender seeks to re‑enter a repossession order obtained in 2007 against Patrick Cummins and his wife Christine Cummins. The loan was secured by the property and carried a 2 % monthly interest rate. Vivier alleges only eight of 158 scheduled repayments were made, totalling about €26,000, and that no payments have been made since 2011. The couple, who have medical conditions and are not working, oppose the application, citing prejudice from a lender delay between 2008 and 2010 and the former company founder's imprisonment. The judge has reserved a decision and suggested the parties attempt a settlement before a ruling is made.