The Four Courts. The Commercial Court has dismissed a challenge by a company to moves by receivers to sell off a repossessed former nursing home. Photograph: Bryan O'Brien/The Irish TimesThe Commercial Court has dismissed a challenge by a company to moves by receivers to sell off a repossessed former nursing home.
Mr Byrne and Mr Anderson were appointed receivers over the nursing home in 2017 by AIB due to Aperee’s default on borrowings. On Monday, Ciaran Lewis SC, for the receivers, applied for the Aperee proceedings to be dismissed over a failure of the company to comply with a court direction that it deliver a statement of claim. There was no appearance on behalf of Aperee.
There was also no appearance on behalf of the company when the receivers applied to the court to lift a legal warning, known as a lis pendens, which had been placed by Aperee over the sale of the property, he said. The company had never come forward to explain why a statement of claim was not delivered, he said.