A BANK pursuing a former Revenue inspector and his ex-wife over separate judgments of more than €5 million has secured court orders appointing receivers over bank accounts and rents from several properties.
ACC Bank is still trying to establish the whereabouts of James Leonard Daly – otherwise James Daly, Shay Daly or Séamus Daly – but suspects he is in Spain.
Mr Justice Peter Kelly issued a warrant for the arrest of Mr Daly when he failed to turn up in court on February 3rd for continued examination about his assets, having allegedly sought to transfer some €450,000 hours earlier to an account in Spain.
ACC previously secured judgments for €2.5 million against Mr Daly, Woodleigh Park, Model Farm Road, Cork, and for €2.6 million against his wife Eileen Daly, from whom he is divorced.
The bank has since engaged in lengthy proceedings trying to recover judgment. Lyndon MacCann SC yesterday sought a number of orders from the Commercial Court as part of that effort.
When Mr Justice Kelly asked whether there was any contact from Mr Daly, Mr MacCann said an email had been received indicating a company would be defending the balance of the bank’s claim.
In the proceedings against Mr Daly, Mr Justice Kelly said he was satisfied to appoint a solicitor for ACC as receiver over rent payable on an apartment at Pembroke Road, Dublin.
Mr Daly, the judge noted, had previously given evidence that the apartment was transferred to him by a Cork dentist/property developer, Richard Fitzgerald, arising from a debt of €800,000.
Mr Daly had had use of it over a long period but it was now rented. He was satisfied the rental payments could be used in part discharge of the judgment entered against Mr Daly, the judge said.
In the proceedings against Ms Daly, the judge appointed the ACC solicitor as receiver over rental income from an apartment and car-parking space at Longboat Quay South, Hanover Street, Dublin; an apartment at Mellowes Quay, Ushers’ Quay, Dublin; an apartment at The Belfry, Collins Avenue, Dublin, and a property at Limekiln Lawn, Mallow, Co Cork.
Mr Justice Kelly also appointed the solicitor as receiver over accounts of Ms Daly at Cork branches of Bank of Ireland, Ulster Bank, Allied Irish Banks and Permanent TSB, and over three accounts of a company on the basis of the bank’s argument the monies held in that company’s name were truly owned by her.
The judge said he had heard evidence of “bewildering transactions” concerning properties and limited companies and was satisfied the situation justified the orders. Many properties seemed to have been bought by Mr Daly and put into his wife’s name at a time when their relationship had supposedly broken down, the judge said. The evidence was that during their separation and after their divorce, they continued to occupy the same home.
One could be forgiven, he added, for thinking their banking and property transactions were deliberately very complicated to deprive creditors of the effects of judgments.
He refused an ACC application for orders directing the various banks to disclose any other accounts held in the name of Ms Daly.
Mr MacCann said he wanted that order because it appeared some €33,000 had been transferred from accounts but the bank was unaware of where the money went.
