Dundalk FC owner claims financial firm has wrongfully appointed receiver over property

The owner of Dundalk Football Club claims a debt firm has “wrongfully” purported to appoint a receiver over his property and obtained a High Court judgment against him by “surprise and/or mistake”.

The club owner, barrister John Temple, told the High Court on Wednesday that Mars Capital Finance Ireland sought vacant possession of his property at Hoey’s Lane in Dundalk, Co Louth, and has been threatening him with attachment and committal to prison proceedings.

He said it sent him a copy of a High Court order, dated from last March 4th, requiring him to deliver defence and counterclaim documents to Mars Capital by March 8th in response to its proceedings seeking possession of the rental premises.

In an affidavit to the court, Mr Temple said he complied with Ms Justice Emily Egan’s document delivery order and received confirmation that his papers were delivered to Mars Capital’s solicitors by registered post on March 8th.

Despite this, he said, a receiver from Crowe Ireland advised his Hoey’s Lane tenant last month that he has taken possession of the property and that all further rents must be remitted to his office.

Mr Temple said Mars Capital is not entitled to possession and he was “unaware” that the company had obtained judgment against him “by surprise and/or mistake” in the possession proceedings.

He said he discovered by searching the High Court’s online case directory system that Mars Capital had filed an affidavit it had not copied to him and that it had obtained the judgment.

On Wednesday, Mr Justice Garrett Simons granted Mr Temple permission to serve Mars Capital with notice of a motion scheduled for next Tuesday. The application was made while only Mr Temple was in court.

The barrister and club owner, who has