High court reporters
GAA star Davy Fitzgerald has claimed he is the victim of a fraud that has resulted in proceedings being brought against him before a Portuguese Court.
The Irish High Court also heard on Tuesday that the current Waterford senior hurling manager is fighting proceedings taken against him by a receiver and "a vulture fund" aimed at securing possession of a property, owned by Mr Fitzgerald and where his sister Helen lives.
Mr Fitzgerald from Sixmilebridge, Co Clare claims he first discovered last July that his name had, without his knowledge or consent, been put on "false" mortgage documentation in respect of "six or seven" properties in Portugal.
Mr Fitzgerald claims that former ACC Bank official Jarlath Mitchell, whom he had professional dealings with several year ago, allegedly entered his name on the "false mortgages and documents".
Mr Michell, it is alleged, was jailed in 2013 for two years after he admitted stealing over €450,000 from customers to pay off debts from unsuccessful investments in the property market.
Mr Fitzgerald claims that Mr Mitchell had been his Relationship Manager and accepts that he took out loans with ACC.
Portugal property
He alleges that based on Mr Mitchell's advice he bought an apartment in Portugal.
That property is not the subject of the Portuguese action.
However, Mr Fitzgerald says he had no idea he was involved with the other properties until he received documents from the Portuguese courts during the summer.
He has had to instruct Portuguese lawyers to defend himself in respect of proceedings brought before the courts in that jurisdiction.
In a sworn statement the former goalkeeper said that Mr Mitchell been jailed for falsifying documents.
Mr Fitzgerald further claims that €45,000 that was held on deposit in ACC is currently unaccounted for.
As a result, Mr Fitzgerald, represented by Ronnie Hudson Bl instructed by solicitor Max Mooney, has sued ACC Loan Management and Mr Mitchell in the High Court where he seeks damages for alleged fraud, negligence and deceit.
Mr Fitzgerald's fraud proceedings were mentioned when a separate case against him and his sister Helen Fitzgerald came before the Deputy Master of the High Court Mr John Glennon, who deals with pretrial matters before they go before a judge of the High Court.
Summons
Pepper Finance and receiver James Anderson of Deloitte, who was appointed over certain assets of Mr Fitzgerald, had issued a summons against the siblings seeking possession of a property owned by Mr Fitzgerald, where his sister resides at Clonara, Sixmilebridge in Co Clare.
Mr Hudson told the Deputy Master that the mortgage for the property was taken out with ACC Bank, but the loan was allegedly acquired by Pepper, which counsel called "a vulture fund".
Counsel said Mr Fitzgerald has obtained a mortgage for the house to pay off the loan for the house but was unable to redeem the mortgage of just over €200,000.
Counsel said it is his clients' case that Pepper was refusing to allow Mr Fitzgerald redemption of the mortgage unless he pays an interest surcharge of €25,000.
He claims that Pepper is not entitled to the surcharge, and the proceeds against him and his sister are needless and ill-conceived.
Mr Fitzgerald, who won All Ireland hurling titles as a player and manager with his native Clare, said that the action against his sister over the property could not be reasonably dealt without reference to his own action against ACC and Mr Mitchell.
When Pepper Finance and Mr Anderson's case against Mr Fitzgerald and his sister was called on Tuesday there was initially no appearance by the plaintiffs' representatives.
Following an application by Mr Hudson the case against the Fitzgeralds was stuck out due to non-appearance.
Reinstatement
However, shortly afterwards lawyers for the plaintiffs asked the Deputy Master to reinstate the case, as they had been detained in another court room and had only missed the case by mere minutes.
Mr Fitzgerald's lawyers opposed the reinstatement.
Mr Hudson said the proceedings, which if the plaintiffs were successful would result in Helen Fitzgerald being evicted from her family home, had caused "great upset and distress" to the Fitzgeralds.
His client, a well-known hurling player and manager who is also known for being "straight up" in his business dealings, wants to redeem the mortgage but was being prevented from doing due to an unreasonable demand by Pepper.
Mr Glennon, after considering submissions from both sides said that without the consent of the parties he did not have the legal power to reverse his decision.
He agreed with counsel for the plaintiffs that the reality of the situation was that the case would most likely be either reinstated on appeal or the summons could be re-issued in a short time.
The reality of the situation was that while Mr Fitzgerald's lawyers were perfectly entitled to adopt the position taken regarding re-instatement the matter will most likely return before the courts in a short period of time, the Deputy Master concluded.
