Bank ignored effects of crisis says man in property case

A BUSINESSMAN who has consented to give up possession of three properties to Ulster Bank and to a €1

A BUSINESSMAN who has consented to give up possession of three properties to Ulster Bank and to a €1.8 million judgment against him told the Commercial Court yesterday the bank’s dealings with him involved no recognition of the financial crisis.

The bank had failed to “meaningfully engage” with him and insisted on maintaining interest rates of 6.5 per cent despite the economic crisis, Aidan Morrison, Sunnyside, Convent Lane, Portmarnock, Co Dublin, representing himself, told Mr Justice Peter Kelly.

While he was not entirely happy with replies the bank made to concerns from him, and was not satisfied with its figures, he was not defending the court proceedings because he had no legal representation and it was “a battle I cannot win”.

“I have reached a point where I must consent,” he said.

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The bank had asked him for a business plan, but it would not move on the interest rates although rents and property prices had collapsed, Mr Morrison said. In those circumstances, he was unable to put anything realistic together. If the bank had adopted a different position and looked at the interest rate, neither he nor it would be in court, Mr Morrison added.

James Phillips, for Ulster Bank, said although he could see where Mr Morrison was “coming from”, his instructions were to seek the bank’s costs.

Given Mr Morrison’s “straightforward approach” to the case and the fact he had not sought to play a “tactical game” as some others in his position did, Mr Justice Kelly said he would refuse the bank its costs against Mr Morrison and made no order for costs, meaning each side pays its own.

On consent, the judge granted summary judgment in the amount of €1.82 million against Mr Morrison and also made orders granting the bank possession of three properties.

These are an apartment at Blackstick Priory, Patrick Street, Portarlington, Co Laois; an apartment at The Oaks, Portarlington; and a property at Orwell Park Heights, Templeogue, Co Dublin.

The proceedings arose from unpaid property loans advanced by the bank. The loans were secured on a number of properties.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times