Businessman Frank Gleeson has secured a temporary High Court injunction preventing a receiver from selling lands he owns in Dublin.
Mr Gleeson’s action centres around an alleged attempt by a receiver, appointed by a UK-based financial fund, to sell lands, located in Mulhuddart in west Co Dublin, for a seven-figure sum.
Keith Rooney, instructed by MacCarthy Johnston solicitors, for Mr Gleeson said it is his client’s case that the receiver has not been validly appointed over the property and has no entitlement to sell or market it. It was registered for sale by online auction next month, the court heard.
Mr Gleeson is in the process of selling the lands himself and, having secured a purchaser, fears the listing of the site on the auction site may collapse the sale. He claims the listing will also give the entirely false impression that he was unable to meet his debts and this could cause irremediable harm to his business interests.
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As a result, Mr Gleeson has brought proceedings, where he seeks orders including an injunction against London-registered financial company Onate UK LLP. The action is also against Colin Gaynor, of Marine Road, Dún Laoghaire, Co Dublin, who was appointed earlier this week as receiver over certain assets of Taleta Capital Limited, of which Mr Gleeson is a director.
Mr Gleeson’s businesses operate restaurants, bars and other venues that employ over 200 people.
The court heard that Taleta was advanced €1.2 million by Onate in 2021, by way of a short-term loan in order to fund a debt settlement with another financial fund.
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At the High Court on Thursday, Mr Justice Rory Mulcahy granted Mr Gleeson a temporary ex parte injunction restraining Onate UK LLP and Mr Gaynor from offering the property up for sale via any online auction platform or traditional sales medium.
The court also granted an order preventing the defendants from representing to any third party that the property is being offered for sale by them, without the express prior consent of Mr Gleeson.
The judge adjourned the matter for a week.