High Court fines judgment debtor €25,000 in lieu of a reactivation of a six-month suspended prison sentence for a breach of undertakings given to the court in 2009 following a finding of contempt in relation to the continued use by the respondent and his wife of a car dealership business premises the subject of earlier and now protracted judgment proceedings.
Application to commit for contempt of court - whether to activate suspended sentence of six months previously imposed - collector general as applicant - whether respondent in breach of undertakings to court - affidavit evidence - significant judgment previously granted against respondent and his brother - underpayment of VAT - court order restraining respondent from disposing of assets - respondent admitted to breach of marvea injunction in 2012 - order to dispose of land, properties and motor vehicles with proceeds to go towards judgment order - admission of guilt resulted in a finding of contempt - conditions of suspended sentence - dispose motor vehicles, cease dealing in third party cheques and set out a schedule of motor vehicles under ownership for plaintiff's solicitors - whether respondent knowingly breached court order - nine properties unsold - affidavits - no direct or cogent evidence presented by plaintiff in relation to third party cheques - use of the yard of the premises by respondent and his wife - respondent's interpretation of court order - whether court order intended to limit use of entire yard - submissions - standard of proof - law on contempt - points in mitigation - imprisonment a last resort - fine in lieu of imprisonment.