Pam and hubby can stay put for 3 weeks - if they pay mortgage
Former Miss Ireland Pamela Flood and her restaurateur husband Ronan Ryan may live without fear of eviction in their Clontarf home for another three weeks, a judge has decided.
However, Ms Justice Deirdre Murphy warned them they would have to continue paying their €3,700 monthly mortgage repayments as they fall due.
This was a condition of the court, while Tanager Dac - the company that owns their loan - had given an assurance that it would not in the meantime move to evict them, Judge Murphy said.
Barrister Kevin Pidgeon, who appeared for the so-called vulture fund, said Tanager, following a decision of Judge Jacqueline Linnane in the Circuit Court not to grant the couple a stay, had written to Ms Flood and Mr Ryan telling them it intended to execute its re-possession order.
Mr Pidgeon said he was instructed to offer the court an undertaking that Tanager would not take any further steps against the couple pending the resolution by the High Court of an application by them for a stay pending an appeal of Judge Linnane's order.
Ross Maguire, for the couple, in turn gave the court an undertaking that they would continue to meet monthly repayments.
Judge Linnane, despite having been told that Mr Ryan had obtained a protective certificate under last-minute personal insolvency proceedings, granted Tanager leave to execute a consent possession order signed by Ms Flood and Mr Ryan and made an order of court last March 8.
At that time, the couple had accepted a four-month stay on the possession order to allow them to find alternative accommodation and had undertaken to vacate their home at Mount Prospect Avenue, Clontarf, on or before July 9.
When Judge Linnane heard they had instead done a turnaround and obtained a protective certificate, granting them a 70-day protection from all and any of their creditor, she continued a full hearing of their case and granted Tanager leave to execute the March 8 consent possession order.
She refused to grant the couple a stay.
Mr Justice Denis McDonald also refused to grant them a stay when the matter came before him last week, but put their application for a stay in for further consideration by the High Court today.
Judge Murphy yesterday granted both sides leave to lodge affidavits setting out their submissions arguing whether or not there are arguable grounds for the granting of a stay and adjourned the proceedings until September 2.