Saturday 20 January 2018

Decision on Gorse Hill is delayed

a DECISION in an appeal by retired solicitor Brian O'Donnell and his wife Dr Mary Patricia over a finding they are trespassing at the former family home is expected before the end of next week.

A stay on an order that they vacate Gorse Hill, Vico Road, Killiney, Dublin remains in place until at least Tuesday when the Court of Appeal says that it wants further affidavit evidence from the Bank of Ireland.

Among the grounds being put forward by Mr O'Donnell seeking to overturn a High Court finding that they are trespassing is that receiver Tom Kavanagh was not validly appointed.

Ms Justice Mary Finlay Geoghegan, presiding in the three-judge Court of Appeal, said that before giving its decision it would deal briefly on Tuesday with affidavit evidence in relation to the right of the receiver to possession.


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