A COMPANY owner who changed his name by deed poll has lost a legal battle to halt repossession of a Belfast property over an arrears on an £88,000 mortgage debt.
Rejecting David Black's claim to have a tenancy agreement that would stop the action, a High Court judge described his account as "a fiction".
Setting out reasons for his decision, Mr Justice Horner also recalled watching him "twist and turn in the witness box".
The judge said: "He was content to tell an easy lie. It made for uncomfortable viewing."
Receivers appointed by Capital Home Loans Ltd (CHL) in October 2015 issued proceedings against Mr Black, described as sole shareholder and director of Places 4 You Ltd.
The case centred on alleged failures to pay monthly instalments on money CHL lent Places 4 You for a property at Lomond Avenue in Belfast.
By that stage the outstanding arrears was nearly £6,000, with the balance due on the buy to let mortgage at £88,357.
Mr Black, who appeared as a personal litigant, defended the action by claiming to have legal possession of the property through a written tenancy agreement signed with his company in January 2014 - before the receivers were appointed.
Although his mother, Naomi O'Hare, was still registered as sole shareholder in Places 4 You at that time, the court heard she had allegedly transferred ownership of the company to Mr Black years before.
It also emerged that in July 2015 he had changed his name by deed poll from Gregory or Patrick O'Hare to David Black.
A replacement passport was also obtained to reflect his new identity.
But Mr Justice Horner held that his claim to have been motivated by a desire to wipe the slate clean after a bitter matrimonial dispute did not fit the dates.
He also expressed surprise that someone claiming the company had been transferred to him years before would agree to pay property rent at one-tenth of the market rate.
Mr Justice Horner branded attempts by Mr Black's mother to shore up his case as "embarrassing".
In his verdict the judge described feeling sorry for Mrs O'Hare. "I excused her of any real blame because I believe that she is likely to have been placed under intolerable pressure to support her son," he added.
"So I conclude without hesitation that neither Patrick O'Hare nor Gregory O'Hare nor David Black enjoy a current written tenancy in respect of the property."
Despite identifying a failure to make the mortgage payments and finding the defended had no intention of paying off his company's arrears, the judge ruled there was no legal authority to eject Mr Black from the premises.
Instead, he declared that CHL or its validly appointed receivers have the right to seek summary possession of the property.
