Fri, 23 Apr, 2021 – 16:51
A Cork businesswoman threatened to drive her vehicle through the front window of the offices of a receiver appointed over properties belonging to her husband, the High Court has heard.
Receiver Declan Taite of the firm Duff and Phelps claims that Mairead Barry has engaged in acts of intimidation and had made threats against him, his family and certain employees of the company.
As a result, lawyers representing Mr Taite have asked the High Court for various orders against Ms Barry of Cairn Woods, Ballyviniter, Mallow, Co Cork.
These include an injunction preventing Ms Barry and her servants and agents from behaving in a threatening, abusive, intimidating and insulting manner towards Mr Taite and his associates.
He also seeks orders preventing her from attending at or entering Mr Taite’s company offices at Stephen’s Green in Dublin 2. He further seeks damages against the defendant for harassment and intentional inflectional of emotional suffering.
In a sworn statement to the court Mr Taite says that he was appointed as receiver over three properties in Mallow belonging to Ms Barry’s husband, Tim Sheahan.
Mr Taite said that in 2017 he and another insolvency practioner were appointed receivers, by a financial fund, over several apartments located at the St Lua’s Apartment Complex Iona Drive, North Circular Road in Limerick.
He claims that in 2020 that those apartments were sold to a company of which Ms Barry is a director for €1.5m. However, it is alleged that an issue has arisen regarding that transaction.
Mr Taite claims that neither the defendant and the purchasing company have not signed a B10 form to the Company Registration Office indicating that there has been a change in the board of the company that manages the apartments.
Mr Taite said he does not understand the basis why the form has not been signed, but says this issue provides background to Ms Barry’s recent behaviour.
Mr Taite said that when the receivers contacted Ms Barry about the B10 form her response was troubling.
He claims that when he spoke to her earlier this year, she was abusive and threatening in a sustained manner.
He said that she had sought various documents from Duff and Phelps and the company was attempting to deal with her requests.
‘Go down for this’
Mr Taite said, however, that in conversations with her she threatened to “get me” and that he would “go down for this”, and that she would “not be treated like Ivan Yates’ wife”.
He said she also called him a “fucking scumbag”.
He ceased all direct contact with Ms Barry, and said she was informed to only communicate through the receiver’s solicitors.
In recent days Mr Taite said that she telephoned his employers and that she told the person she was speaking with that she would drive her vehicle through the front window of Duff and Phelps’ offices.
Mr Taite said that arising out of the threats he made a complaint to the Gardai, who he said told him that her threats are credible and should be taken seriously.
Mr Taite said as an experienced receiver he was used to being involved in contentious matters.
Given the nature of the threats and the Garda response he was left with no option other than to bring proceedings before the High Court, he said.
The injunction application came before Mr Justice Senan Allen on Friday.
The judge, on an ex-parte basis, granted Mr Taite permission to serve short notice of injunction proceedings against Ms Barry. The matter was adjourned for a week.