McElhinneys store handed to receiver in possession dispute

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Bank of Ireland receiver Barry Forrest took possession of McElhinneys on Main Street, Athboy, Co Meath, on 27 January 2016, according to the report. The proceedings were reported on 28 January 2016.

At the High Court, Mr Justice Paul Gilligan granted the bank and receiver possession injunctions requiring Neal Sweeney and all other parties with notice of the order to vacate. The judge directed that the premises be handed over by 5.30pm on 28 January 2016.

Neal Sweeney, representing himself, opposed the application on 28 January 2016, arguing that Dr Michael Grimes’s company was in possession. Dr Michael Grimes claimed his UK-registered company, which had no previous connection with the Irish company of the same name, occupied the store and employed staff. He argued that proceedings to vacate should be against him.

The court said a 2014 order had already granted the receiver possession. The judge rejected Dr Michael Grimes’s claims to possession and to being the employer, refused to join him to the proceedings and dismissed his application to restrain Barry Forrest and the bank from interfering with the property.

Neal Sweeney said he would instruct anyone at the premises to leave. Dr Michael Grimes said he intended to appeal. The judge referred the receiver’s allegations and the competing complaints to the Garda Commissioner for investigation. The report also said two other properties had previously been handed over.