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Friday 15 December 2017

'I was in fear at Mansfield home' -- AIB debt server

A summons server felt "intimidated and threatened" at the home of a son of well-known hotelier Jim Mansfield, a court has heard.

James Mansfield Jr is among four businessmen being pursued for €6.28m over their alleged failure to repay loans from AIB.

The bank is seeking summary judgment for the €6.28m against Mr Mansfield Jr, of Palmerstown House Golf and Country Club, Johnstown, Kildare; Brian Higgins, Allensgrove, Celbridge Road, Leixlip, Kildare; Seamus Kavanagh, Kyle, Killea, Templemore, Tipperary; and Glen O'Callaghan, Drapier Road, Dublin 11.

AIB claims the men owe the money from loans advanced to them from 2003 over the purchase of a site at Duleek for the development of apartments and a commercial unit.

The bank claims the defendants formed the Duleek Partnership to acquire and develop the lands.

The bank demanded repayment in September last but said payment was not made.

The court heard there had been difficulties serving notice of the proceedings on the first three defendants and Mr Justice Peter Kelly has spoken of "disquieting circumstances" surrounding unsuccessful efforts by a summons server to personally serve Mr Mansfield

The summons server said he felt "intimidated and threatened" after being asked to leave Mr Mansfield's Palmerstown House home on February 24 last.



TINTED

He said he was followed from it for a time by a Range Rover with tinted windows and, in those circumstances, sought orders allowing him to serve the proceedings by other means.

The server said he had previously managed to speak by phone with Mr Mansfield who said he would be available to meet him on February 24 but, on that date, Mr Mansfield had not responded to his calls.

The summons server, who had made unsuccessful efforts to serve Mr Mansfield at Citywest Hotel, at an address in Saggart and at his Palmerstown House home, later secured an order from Mr Justice Kelly allowing him effect service by posting to Mr Mansfield's business address at Unit D4, Centre Point Business Park, Dublin 12.

Mr Justice Kelly was told the defendants had made a proposal last Friday which the bank wished to consider and, on that basis, he agreed to adjourn the matter for one week.

hnews@herald.ie

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