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Friday 30 September 2016

O'Donnells to quit home as appeal fails

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Brian O'Donnell has been told he must vacate his former mansion
Brian O'Donnell has been told he must vacate his former mansion

A LAST-ditch legal bid by retired solicitor Brian O'Donnell and his wife aimed at preventing a bank-appointed receiver taking possession at noon today of their former family home in Dublin has failed at the Supreme Court.

In a determination issued yesterday, a three-judge Supreme Court refused an application by the O'Donnells for a stay on the High Court injunction granted last March requiring them to leave Gorse Hill, Vico Road, Killiney.

In their application lodged in the Supreme Court, Mr O'Donnell (pictured) argued they wanted the stay pending their application to the Supreme Court for leave to appeal a court of appeal decision refusing to overturn the injunction.

They argued the appeal centred on issues of public importance which should be determined in the public interest, including issues concerning the refusal of the High Court judge, Mr Justice Brian McGovern, to disqualify himself from dealing with the injunction application.

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Other issues included arguments the case related to the ability of banks and receivers to obtain an order to gain possession of a family home rather than issue proceedings for possession and have a full hearing of the matter.

The bank argued the case raised no novel legal issues or principles and leave to appeal should be refused. The Supreme Court, led by Chief Justice Susan Denham, refused the O'Donnells' application.

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