Jail order for local auctioneer in contempt of court

A High Court judge yesterday ordered a Cavan auctioneer be committed to prison for his failure to comply with an court order obtained by a receiver over a property owned by him.

The order was made against Gerry Burns of Drumcase, Killeshandra, Cavan, whose auctioneering business Gerry Burns Auctioneers is located on 45 College Street, Cavan Town.

Mr Justice George Birmingham ruled that Mr Burns, who was not present at the High Court hearing yesterday morning (Wednesday, April 24), was in contempt of a court order obtained in the High Court by receiver Patrick Horkan. As a result he said the local auctioneer must be committed to prison.

Mr Horkan of KPMG was appointed as receiver by Ulster Bank over a commercial property of Mr Burns’s located at College Street, Cavan, and the receiver's application arises from orders granted by Ms Justice Mary Laffoy last February.

The order was so that Mr Burns carry out certain tasks, including to hand over keys and give security codes to the receiver so he could take possession of the building by a certain date. However, the court was told that Mr Burns had failed to carry out those tasks.

The motion had come before the courts on several previous occasions but was adjourned each time to allow Mr Burns consider his position.

Mr Burns argues the receiver’s appointment is not valid and the orders against him were therefore void.

On Tuesday last Mr Burns had said though he would comply with the orders and hand over keys of the property to the receiver, under duress. But he failed to appear at the Fours Courts yesterday and a warrant for his arrest and commit Mr Burns to prison was issued.

The judge also directed that Mr Burns be brought before the court at an appropriate time to inquire if he is prepared to purge his contempt.