Former Miss Ireland Pamela Flood and husband Ronan Ryan must now leave €900k home
A vulture fund can take immediate possession of the home of former Miss Ireland Pamela Flood and her husband Ronan Ryan after a judge ruled there was a deliberate move by Mr Ryan to frustrate and obstruct a court order handing back their €900,000 property.
Judge Jacqueline Linnane added that there was also a conscious decision by Mr Ryan not to disclose, in separate insolvency proceedings, the existence of a consent court order granting Tanager Bank possession of the couple's north Dublin home.
She granted Tanager leave to execute the consent order for possession made on March 8 against Mr Ryan. The insolvency proceedings did not involve Ms Flood, who remains under an obligation to immediately vacate 136 Mount Prospect Avenue, Clontarf, Dublin 3, with Mr Ryan and their four children.
Judge Linnane's judgment means Tanager, through the Sheriff, can take immediate possession of the property.
Judge Linnane refused the couple a seven-day stay to facilitate consideration of an appeal of her decision to the High Court.
She said that when they both, with legal advice, signed an undertaking to hand over their home and leave it by July 9, they had been granted a four-month stay to allow them find alternative accommodation.
In the insolvency proceedings, which the judge said took many people by surprise, Mr Ryan had been granted a 70-day Protective Certificate fencing him off from all creditors, including Tanager.
"The granting of the Protective Certificate resulted in the implementation of the consent order made by this court being frustrated and undermined," Judge Linnane said in the Circuit Civil Court yesterday.
Judge Linnane said the purpose of the insolvency legislation was not to assist persons behaving in this manner.
"That would not be in the public interest. Judges depend on full disclosure being made and often set aside ex-parte orders if it later transpires there was non-disclosure of any material information," she said.
The judge said the consent order, signed by Ms Flood and Mr Ryan, was still in full force and binding on Ms Flood.
Mr Ryan's application for continuing protection under his insolvency proceedings had not affected her obligation to leave the family home by July 9 as had been undertaken by both of them.
Judge Linnane said she did not accept Mr Ryan's excuse that he had not considered the existence of the consent repossession order as material to his application for protection under the insolvency legislation.
It had not been up to him to decide or to be the judge of what was material or not.
The judge said that on March 8 the court had been told that, at the instigation of Mr Ryan and Ms Flood, they and Tanager agreed to a consent order with a four months stay.
At that stage the debt had risen to €1.25m and it seemed the estimated value of the property was €900,000.
The couple had not made any repayments on the mortgage for almost nine years and yesterday Judge Linnane awarded all legal costs against them.
Tanager had agreed to limit the debt to the net proceeds of sale of the house, effectively writing off more than €300,000 with no order as to costs.
However, Mr Ryan and his wife had second thoughts and met with a Personal Insolvency Practitioner (PIP).
While his debt to Tanager was disclosed by Mr Ryan no reference, whatsoever, had been made to the fact that a consent order for possession was in existence.
Insolvency Judge Verona Lambe had granted the Protective Certificate.
Ms Flood, also a former television presenter, was not named on Mr Ryan's mortgage deeds but had been joined to the repossession proceedings following her marriage to Mr Ryan.