Courts / Galway / Report

Fund entitled to possession of Galway property

Summary

In a High Court ruling on 3 February 2020, Mr Justice Garrett Simons granted Ennis Property Finance DAC, a fund linked to Goldman Sachs, an order for possession of a house in Devon Park, Salthill, Co Galway. The fund had acquired loans of €550,000 from Bank of Scotland (Ireland) in 2003 and 2006, which were secured by the property. Ennis claimed the loans were defaulted on by Mr Henry Greally, the owner, and sought possession on that basis. Mr Greally opposed the application, arguing that the debt was not fully explained, disputing the validity of personal guarantees, and alleging procedural errors by the fund. The judge found the evidence uncontroverted, confirmed the fund's registered charge and power of sale, and noted that the property was occupied. He awarded Ennis legal costs and imposed a one‑month stay on the possession order. The decision was described as "unusual.".

Who, what, where, when and why

What: Report matter: Fund entitled to possession of Galway property. Procedural stage: hearing_or_decision

When:

• 2003 and 2006 Other
• 2020-02-03 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report