herald

Wednesday 16 August 2017

O'Donnell and wife to be out of mansion by 5pm tomorrow

A HIGH Court judge has found that solicitor Brian O'Donnell and his wife Mary Patricia are trespassing on the former family home.

"You and you wife have to be out of the property by 5 o'clock tomorrow," the judge told Mr O'Donnell.

He was speaking after refusing Mr O'Donnell's application for a six-month stay on his order preventing him interfering with receiver's right to take over the house.

If he fails to do so, it will be a matter for Bank of Ireland and the receiver, he said.

The judge said they lived in England and had travelled here to occupy Gorse Hill in Killiney, Dublin. He was only giving them until tomorrow to remove their belongings.

Mr O'Donnell, who said he would be appealing the decision in relation to trespass, said a stay until tomorrow "is not very reasonable".

The judge gave Bank of Ireland an order preventing the couple from interfering with receiver Tom Kavanagh who had previously been granted possession of Gorse Hill on the Vico Road, Killiney, Dublin.

The receiver wishes to sell the house, valued at around €7m, to meet part of a €71.5m debt owed by the O'Donnells for various unpaid property loans given to them in the past.

Mr Justice Brian McGovern said while the bank and receiver had met the test for an injunction preventing interference, he was not making any determination in relation to the O'Donnells' latest challenge to a settlement agreement and documents relating to the mortgage and charges on the house.

Challenge

His order was simply maintaining the status quo which was that the receiver had a right to possession pending the full hearing of the O'Donnells' challenge.

"The defendants are prima facie trespassing at Gorse Hill", he said.

The judge was also critical of the O'Donnells bringing in third parties. He did not accept Mr O'Donnell's claim he had no control over the Land League and had in fact "invited them in".

He was also satisifed the couple's actions were done in an attempt to frustrate the receiver's lawful efforts to take possession.

The trespass proceedings arose after Mr Justice McGovern rejected an application by the O'Donnell adult children, three of whom had been living in Gorse Hill until recently, for an injunction preventing the receiver from taking over the house.

That hearing was told while the children, Blake, Blaise, Bruce and Alexandra, had left the property on foot of a court order, the father and mother, Brian and Mary Patricia O'Donnell had moved in claiming they had a right of residence granted to them by the children.

Following the ruling, Mr O'Donnell said he would be appealing the decision.

hnews@herald.ie

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