Up to 15 people ordered to leave south Dublin house by March 20th

Up to 15 people who have been living in a four bedroom house in south Co Dublin which is at the centre of a High Court dispute between a financial fund and the owners have been told to leave by March 20th.

Mr Justice Mark Sanfey last week ruled that Everyday Finance and receivers Stephen Tennant and Nicholas O’Dwyer were entitled to an injunction granting them possession of the house pending the full hearing of the legal dispute.

The order was made against Paul White and his wife Jane Gleeson and persons unknown occupying the house in Avoca Park, Blackrock.

A stay also applies on any sale of the property by the receivers until the High Court has determined the dispute.

On Thursday, following submissions from Eamon Marray BL, for the fund and the receivers, and from David Kennedy SC, for the defendants, the judge said vacant possession of the property should be handed over to the receivers by March 20th. He directed that all keys and alarm codes for the property be provided to the receivers by that date.

Mr Marray said it had been agreed that vacant possession would be handed over by that date.

Appeal

The judge noted Mr Kennedy’s submission that his clients intend to appeal the injunction ruling to the Court of Appeal.

The receivers, who were appointed over the property in 2017, sought vacant possession claiming the property was subject of a mortgage executed in consideration of loans advanced by AIB and acquired by Everyday Finance.

It is claimed that €3 million is now due and owing under the loans.

The plaintiffs have claimed about 15 people are occupying the premises and the defendants had not co-operated with the receivers.

The couple, with an address at Roney Beach, Gorey, Co Wexford, opposed the injunction application on grounds including that the receivers have not been validly appointed.

It was also claimed that Ms Gleeson does not owe Everyday Finance any money and she is entitled to the benefit of rent or any other form of payment in respect of her interest in the property.

Mr White told the court the premises was let since 2002, with the knowledge of AIB, to a single tenant and he did not know how the property came to be occupied by anyone else.