Galway businessman again ruled in contempt of court

A CO Galway businessman has been committed to prison for a second time over contempt of court orders made in proceedings by ACC…

A CO Galway businessman has been committed to prison for a second time over contempt of court orders made in proceedings by ACC Asset Finance to enforce a €3.29 million judgment order obtained against the man more than two years ago.

Mr Justice Brian McGovern ruled yesterday James Clancy was in contempt of orders requiring information about his assets, including machinery in the United Arab Emirates (UAE) and elsewhere.

The judge said he would make an order committing Mr Clancy to prison but would put a stay on the committal order for a week to allow further efforts be made. There was no restriction on Mr Clancy travelling to the UAE, he added.

Mr Clancy had urged the judge not to make the committal order and said he was doing his best to comply.

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The application arose from the continuing efforts by ACC Asset Finance to enforce a €3.29 million judgment order obtained by it in April 2009 against Mr Clancy, of Furbo, Co Galway.

The De Lage Langen Ireland Company, trading as ACC Asset Finance, secured that judgment over unpaid loans for a machine used for the manufacture of prefabricated polystyrene houses.

After the plaintiff alleged Mr Clancy had failed to provide all the information sought by it concerning his assets in the UAE and elsewhere, Mr Clancy was jailed in April 2010 for two weeks for contempt of court orders in that regard.

The solicitor said the court previously heard Mr Clancy had an agent in Abu Dhabi who had helped him negotiate the release of equipment held there with funds raised from another businessman. Mr Clancy, the court also previously heard, had spent some €4.8 million on equipment as part of a planned joint venture building project.

Mr Clancy had intended going into partnership with another company in Abu Dhabi but that did not happen. The court was told his agent had negotiated the release of equipment which was then stored in another warehouse in Abu Dhabi but further substantial storage and other costs were incurred.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times