Financial fund claims that pair are trespassing at apartment designed for social housing use

The fund claims it purchased the property €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.
Financial fund claims that pair are trespassing at apartment designed for social housing use

A financial fund that acquires social housing for public bodies has claimed before the High Court that the previous owner of an apartment it acquired has unlawfully re-entered and is trespassing on the property.

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

It is alleged that 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 who is believed to be 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 seeks an injunction requiring the defendants to vacate the property, and that they cease trespassing or interfering with the apartment.

The fund, represented by Michael O'Sullivan Bl, 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.

Counsel said the fund is the legal registered owner of the apartment, and the defendants have no defence to its action.

Any issues the defendants have with Promontoria over the sale of the apartment was between those parties, the fund claims.

The fund had believed that the property was vacant, but early last month it received a report that a tenant was living there. Following its investigations, it discovered that the defendants have occupied the property.

The matter came before Mr Justice Senan Allen on Friday.

Representing himself Mr O'Sullivan 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.

He asked the court to adjourn the case as he needed time to obtain lawyers or to reply to the fund's claims against him. He said that he had only received the papers in the case on Thursday.

In reply, counsel said that claim by Mr O'Sullivan was "disingenuous" as the parties had exchanged correspondence since April 22 last, when counsel said Mr O'Sullivan was served with the proceedings at Kennelsfort Road, Upper in Dublin.

Counsel said the injunction application was urgent, and his client was anxious for it to be heard as soon as possible.

The judge, noting both sides' positions, said he was adjourning the matter for a week to allow Mr O'Sullivan formally reply to the fund's claims.

The judge said that Ms O'Brien, who Mr O'Sullivan said was cocooning and awaiting the outcome of a Covid-19 test, would have to either attend the hearing or obtain legal representative if she wanted to be heard on the application.

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