herald

Sunday 17 December 2017

Mansfield Jnr loses appeal on €6.3m loan

BUSINESSMAN James Mansfield junior has lost an appeal over judgment orders for some €6.32m against him and three others over unpaid loans to buy development land.

Meanwhile, in separate court proceedings yesterday gardai opposed a bid by Mr Mansfield Jnr to get his driving licence restored after he was put off the road.

In 2010 at the Commercial Court, Mr Justice Peter Kelly ruled AIB was entitled to summary judgment orders for some €6.32m against Mr Mansfield Jnr, Palmerstown House, Johnstown, Co Kildare.

Mr Mansfield Jr is the son of the late Citywest Hotel owner Jim Mansfield.

The orders were also against Brian Higgins of Allensgrove, Celbridge Road, Leixlip, Co Kildare; Glen O'Callaghan, Drapier Road, Dublin, and Seamus Kavanagh Kyle, of Killea, Templemore, Co Tipperary.

AIB sought the judgment orders arising from a number of loans it advanced in connection with the purchase of a site at Duleek, Co Meath. It made a demand for full repayment of the debts.

Mr Justice Kelly granted summary judgment after finding none of the four had made out an arguable defence to the bank's claim. Mr Mansfield Jnr appealed the decision. The other three did not.

Mistake

Mr Mansfield argued that the Commercial Court erred in its decision that he had not demonstrated an arguable defence centring on his claim he signed the document by mistake. Mr Mansfield said he is dyslexic, and cannot read properly.

He claimed he did not understand that by signing the document he was making himself liable for monies borrowed to fund the development.

AIB opposed the appeal and the court found that Mr Justice Kelly was correct in his approach. The facts were not in dispute and Mr Mansfield knew he was signing a legal document with legal obligations.

While it was accepted Mr Mansfield had certain difficulties regards reading he was a businessman with commercial experience, the three-judge appeal court said.

Separately, Mr Mansfield Jnr brought an application to Dublin District Court to be allowed drive again.

It initially came before the court two weeks ago and resumed yesterday when Garda George Thurlow told Judge Michael Coghlan that he still had objections in the matter.

The garda said that on the last date the application was before the court he had not had an opportunity to contact the "driving licence authority".

He since has and he furnished the court with an email which was then handed over to Mr Mansfield's lawyer who asked for a recess.

When the case resumed 15 minutes later, Mr Mansfield's solicitor said an issue has arisen and matters needed consideration. Judge Coghlan agreed to adjourn for two weeks.

hnews@herald.ie

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