A judge has told a businessman alleged to have breached orders not to communicate with a couple over a disputed garage used to store exotic pets that “he has done himself no favours” by refusing to accept service of documents in the case.
Mr Justice David Nolan made the remarks on Wednesday after being informed that Noel Martin snr had refused to accept the personal service of documents in proceedings against him.
Alan O’Neill and his partner June Finnegan have sued Drumgoan Developments Limited, Mr Martin snr and Darren Martin.
The garage, which the defendants claim is owned by Drumgoan, is located adjacent to the couple’s home at Crann Nua, Edenderry Road, Portarlington, Co Laois. The court has previously made a declaration that the couple owns the garage, and it is registered in their name by Tailte Éireann.
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The case came before the court previously when the couple obtained orders including an injunction restraining the defendants from communicating directly with the plaintiffs. It is alleged the defendants have threatened and intimidated the couple.
Mr Martin snr is alleged to have breached that order on two occasions and was made the subject of contempt of court proceedings. He subsequently apologised to the court, said the matter was a mistake and agreed not to contact the plaintiffs again.
The case returned before the judge on Wednesday, when Ruaidhrí Giblin, for the couple, said that despite agreeing with Mr Martin snr’s lawyers regarding the service of documents in the contempt proceedings, the defendant has failed to co-operate.
Counsel said a summons server had not been able to serve Mr Martin snr with the papers. When the server asked the defendant to make himself available to accept the summons, the defendant replied: “no can do” and refused to co-operate.
The matter could not proceed until the papers had been personally served on Mr Martin snr, said counsel.
The judge ordered Mr Martin snr, who was present in court, to take the witness box.
Mr Martin snr denied he had failed to co-operate and said he has attended court on several occasions to deal with the matter. He denied speaking with the summons server.
He said he had been away in recent weeks and shortly afterwards he contracted Covid-19.
He said he gave his phone to others during that period and added that there are “three Mr Martins”.
The judge said he hoped Mr Martin understood he was “in deep trouble” concerning the contempt proceedings.
The judge said that while he has not made up his mind regarding the allegation of contempt, Mr Martin snr’s attitude towards the service of the documents had done him “no favours at all”.
The judge allowed the plaintiffs’ solicitors to serve the motion for attachment and committal with the penal endorsement on Mr Martin snr in court.
When the matter returns before the court later this month the judge said he will rule if Mr Martin snr was in contempt and, if so, what sanction to impose.
Other aspects of the action, including the couple’s claims for damages against the defendants, also remain live before the court.
The couple has kept and bred exotic pets in the garage including chameleons, tarantulas, scorpions and a female caiman alligator.
The garage was not properly conveyed to them, due to an oversight. The couple says they were unaware of this issue until recent months.
They alleged the defendants engaged in a “land grab” and made demands for payment from them and their neighbours.
They also claimed that the garage was damaged by agents of the defendants using a JCB.
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