herald

Wednesday 28 September 2016

O'Donnells lose latest bid to keep Killiney mansion but get two weeks to make appeal

EVICTION

Brian and Mary Patricia O'Donnell have lost their High Court appeal against eviction from Gorse Hill.

However, a further appeal to the Supreme Court could grant them another two to three months in the multi-million euro Killiney mansion.

In the interim, they will be allowed to remain at the property until noon on April 29 after the Court of Appeal granted them two weeks to prepare a new attempt to retain their home.

trespass

Lawyer Mr O'Donnell had challenged a decision granting a trespass order to Bank of Ireland and receiver Tom Kavanagh over the hilltop property on Vico Road.

However, Mr O'Donnell says he will now consider appealing the decision, and requested a stay of two weeks to formulate his appeal.

However, senior counsel for Bank of Ireland Cian Ferriter protested against the allowing of a further appeal, saying the O'Donnells have already had "two bites of the cherry", arguing that it would set a dangerous precedent to allow another appeal to the Supreme Court.

Mr Ferriter also said the couple lived permanently in London and had only flown in to occupy Gorse Hill in February.

The court rose briefly to allow the bank to consider a date when the O'Donnells could be asked to leave.

Justice Mary Finlay Geoghegan told Mr O'Donnell that the court had decided it would grant a stay for two weeks from today's date, ending at noon on April 29.

appropriate

The court did not consider it appropriate to make a further stay for this court, and said any further applications must be made to the Supreme Court.

The appellants are entitled to consider the question of costs she said.

A further hearing will take place at 4.15pm next Wednesday.

This morning's session was adjourned until 4pm today to decide on the matter of costs.

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