Injunction sought against previous owner of Dublin apartment who refuses to leave

Injunction sought against previous owner of Dublin apartment who refuses to leave

Judgement has been reserved at the High Court in proceedings brought by a financial fund that provides social housing for councils.

The case is against the previous owner of an apartment who it claims has unlawfully re-entered and is allegedly trespassing on the property.

Davy Platform ICAV, an asset management umbrella fund established to provide Social Housing to local authorities, is seeking an injunction against Gerard O'Sullivan, who it is alleged is the former owner of the property located at Rosebank Place, Clondalkin, Dublin 22.

It claims Mr O'Sullivan, who denies any wrongdoing and says he is the owner of the property, has without lawful permission re-entered the two bedroomed property and is claiming that the apartment is his family home.

The fund also claimed that a Ms Fiona O'Brien a niece of Mr O'Sullivan, is also trespassing at the property. She claims she is residing at the apartment on foot of a lease granted to her by Mr O'Sullivan.

As a result of their failure to vacate the property the fund, represented by Michael O'Sullivan Bl seeks an injunction requiring the defendants to vacate the property, and that they cease trespassing or interfering with the apartment.

Representing himself Gerard O'Sullivan, opposes the application and in a motion to the court seeks to have fund's application struck out by the court. Ms O'Brien was neither represented nor present in court.

The injunction application came before Mr Justice Mary Rose Gearty on Friday, who following the conclusion of submissions from the parties on Friday reserved judgement, and said she would given her decision as soon as possible.

The fund claims that it purchased the property from a fund Promontoria Oyster DAC for €173,000 in October 2018. It wants to refurbish the property so it can be used by South Dublin Co Council for its housing needs.

The fund says it is the legal registered owner of the apartment, and the defendants have not right to be on the property. Any issues the defendants have with Promontoria over the sale of the apartment was between those parties, the fund claims.

Gerard O'Sullivan, with an address at Kennelsfort Road, Upper in Dublin, denies he is a trespasser. He told the court that he is the owner of the property and that any purported purchase of the apartment by the fund, he added, was illegal.

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