Tuesday 15 October 2019

Couple claims builder made phone threats

INJUNCTION: Dispute over €18k bill

A Dublin couple has claimed before the High Court that they have been intimidated, harassed and have received threatening phone calls in a dispute with a builder over €18,000.

At the High Court yesterday, Stephen Moran, a senior trader with the National Treasury Management Agency, and his wife Mary Heffernan, a senior civil servant with the OPW at Farmleigh House, secured temporary injunctions against a director of a construction company, and an associate, who claims they are owed money for building work carried out at the couple's home.

The injunctions were secured against Mr Kyle Ryan, Whitethorn Centre, Rathcoole, Co Wicklow, and Mr Jonathon Phelan, Pearse Brothers Park, Ballyboden, Dublin 16, who the court was told is one of a number of men who have been carrying out Mr Ryan's instructions to engage in the "campaign of harassment" against the couple.

The couple, of Marino Crescent, Clontarf, Dublin 3, deny they owe money to Mr Ryan's firm. The court heard that the couple asked the builder to leave the site due to poor workmanship, and believe they have a counterclaim for alleged negligence and breach of contract.

The injunctions restrain the defendants, and their servants and agents from besetting, menacing harassing or intimidating them at the couple's home or their places of work.


The injunctions were granted yesterday by Mr Justice John Cooke, following an application made by Mr Colm Hennessy for the couple. The judge made that matter returnable before the court next week.

In an affidavit to the court, Mr Moran said that since early May he and his family have been subject to "a campaign of harassment and intimidation".

He said that he contracted a company controlled by Mr Ryan, KEK Construction, to carry out works at their home in November 2010 after the original contractor went into liquidation. Mr Moran said that problems arose which gave him serious concerns about KEK's ability to do the work.

Last February Mr Moran said he asked KEK to leave the site, which they did, and paid them €67,000, and hired another builder to remedy what he said was KEK's "defective workmanship". He said that Mr Ryan subsequently invoiced him for an additional €18,786 for works done.

After receiving a final demand last April, Mr Moran said he began to receive intimidating and disturbing phone messages which he believed were from associates of Mr Ryan.

One message stated "We act for Kyle and want to meet. This is the church of the good creditor. Will you come out and pray with us because we are praying for you. Till debt do us part Stephen. Will you say a decade of the Rosary with us, because we are praying for you."


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