Cab claims that Foley is the registered owner with his late wife, Pauline Foley, of the Kimmage property
Judge Geoffrey Shannon was also told in the Circuit Civil Court that ongoing court interest charges had added a further €55,000 to an outstanding judgment against Foley for just under €916,000.
Foley, of Cashel Avenue, Kimmage, Dublin 12, is fighting Cab’s demands for possession of his home to meet at least part of an outstanding tax debt and today he was joined in that battle by his wife, Sonia, who was made a notice party to the proceedings.
Mr Foley, described as a 74-year-old pensioner, is represented by barrister Keith Farry, who appeared with Dundalk solicitor, James MacGuill.
Ms Foley (48) who is represented by barrister John Temple and Roscommon Solicitors Staunton Caulfield, is supporting her husband on the basis the property being sought by Cab is her family home.
Both were in court today to hear Shaula Connaughton Deeny, counsel for Cab, tell the court that judgment had been obtained against Mr Foley and although the sheriff had attended at his home to seize goods and chattels all that had been raised was only €2,503.
Cab claims that Foley is the registered owner with his late wife, Pauline Foley, of the Kimmage property and is asking Judge Shannon for a well charging order against it which would give the Bureau leave to possess and sell the property.
The €916,960 High Court judgment obtained by Cab is made up of unpaid arrears of income tax and interest, the court heard.
Foley has told the court he has no other assets and any previous assets he owned have been taken to repay his debts. He said in an affidavit that he and his current wife, Sonia, have lived together in their home since they were married in 2013 a year prior to the judgment against him.
Sonia Foley, in an affidavit stated she was an unemployed social welfare recipient and was married to Mr Foley. She said she would be defending Cab’s application for well charging relief against her family home and principal private residence.
She said she and Mr Foley had got married on 26th September, 2013 and they had resided at the property at Cashel Avenue since. She stated she was not liable or in any way connected to the claimed debt and owed no debt to CAB.
“It is my only property, my home and, based on my age, income and financial position, there is no reality to me purchasing a new home,” she stated. “I have at least a 50pc interest in the family home.”
After directing that Ms Foley be joined to the proceedings as a notice party, Judge Shannon put the matter back until the beginning of March next year to facilitate an upgrading of evidence.
