O'Donnells told to leave house by 5pm tomorrow

Written By Unknown on Kamis, 12 Maret 2015 | 22.40

The High Court has granted a trespass injunction to Bank of Ireland for Gorse Hill, a property at the centre of a dispute in Dublin.

Judge Brian McGovern told solicitor Brian O'Donnell that he and his wife Mary Patricia must now vacate the house in Killiney.

The house is at the centre of a row over €71m in debts owed to Bank of Ireland and amassed through property investment.

Speaking directly to Mr O'Donnell, the judge said he and his wife are "trespassers on the property" and  must "immediately vacate Gorse Hill" today.

Mr O'Donnell responded saying they would appeal and sought a stay on the order of six months.

Judge McGovern said he would allow a stay until 5pm tomorrow, saying he would allow Mr O'Donnell and wife time to remove their possessions.

He added as they resided in the UK, he was not sure what possessions they may have left in the house.

In his full judgment on the trespass injunction application by Bank Of Ireland, Mr Justice McGovern granted the bank and its receivers an interlocutory injunction against Mr and Mrs O'Donnell.

He said they were not the owners of the property, and were living in the UK. 

He said they had returned to Gorse Hill to "frustrate efforts by the plaintiffs to take possession of the property".

"The defendants are prima facie, trespassing on the property at Gorse Hill."

Mr O'Donnell appeared in court to represent himself as part of a long running legal row to try and hold onto the mansion on Killiney Hill.

Members of the self-styled New Land League were also present.

At bankruptcy hearings in the UK, he had told a court there he resided in Britain and it was his main centre of interest.

Counsel for the bank, Cian Ferriter, told the court the receiver Tom Kavanagh was keen to have a peaceful and calm handover of the property and would meet Mr O'Donnell to arrange this.

He asked the court to make it clear to Mr O'Donnell he was not entitled to reside there, and that Jerry Beades and the land league, nor anyone else was entitled to go onto the property.

Outside the court, Mr O'Donnell's representatives indicated he would seek to go immediately to the Supreme Court to seek a stay on the order.

A number of other cases surrounding Gorse Hill are continuing.


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