In 2020, Ms O’Neill sought to have the case entered into the High Court’s fast-track commercial division but was refused because of a four-year delay between when the debt became due and proceedings were taken. The case then went into the court’s ordinary non-jury list.
She claimed she made two loans to Ballycrag Developments in September and December 2013 totalling €975,000, with Ballycragh providing security in the first fixed charge over a property called Wynnstay House, Clonskeagh, Dublin. Mr Kavanagh also entered into a personal guarantee and indemnity agreement with her in November 2015 to guarantee the obligations of Ballycrag to her, she said. Under that, it was agreed the amount then owing was €2.8 million plus interest, she claimed.
She believed it was used as “a means of deflection, delay and prevarication” to persuade her against taking legal action.
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