herald

Saturday 21 October 2017

O'Donnells to stay in Gorse Hill for Easter

Brian O'Donnell and his wife Mary Patricia leave the Court of Appeal in Dublin during a previous appearance
Brian O'Donnell and his wife Mary Patricia leave the Court of Appeal in Dublin during a previous appearance

RETIRED solicitor Brian O'Donnell and his wife are to be allowed remain in the former family home at Gorse Hill until April 15 after a court said it would not give its decision on his latest legal challenge until that date.

Ms Justice Mary Finlay Geoghegan, presiding at the three-judge Court of Appeal, yesterday said the court would not after all be in a position to give its decision as there were a number of "serious issues" to be considered.

The stay was first granted a week-and-a-half ago pending determination of the couple's appeal of a High Court decision that they were trespassing.

The case was back before the appeal court to hear submissions from Bank of Ireland, who appointed the receiver in pursuit of a €71.5m debt against the O'Donnells, and from Mr O'Donnell who is representing himself and his wife (pictured).

Mr O'Donnell had claimed the receiver was not validly appointed and that a seal on documentation relating to that appointment was not valid.

Cian Ferriter SC, for the bank, said in a judgment on a separate case, the Supreme Court had found there was "no merit or substance in these technical points".

hnews@herald.ie

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