Judge asked to stop O’Donnell defending bank bid

A High Court judge has been asked to prevent retired solicitor Brian O’Donnell from defending a bank’s attempt to prevent him trespassing on his former family home at Gorse Hill, Killiney, Dublin.

Chris Lehane, the official administering the bankruptcy of Mr O’Donnell and his wife Mary Patricia, wants an injunction restraining Mr O’Donnell from advancing further defences to Bank of Ireland’s case.

The bank wants to sell Gorse Hill, valued at more than €5m, as part of its efforts to execute a €70m judgment granted against both O’Donnells in December 2011.

That judgment was obtained under a March 2011 settlement agreement which also provided, if the settlement broke down, as it later did, that the O’Donnells would yield vacant possession of Gorse Hill.

Yesterday, Edward Farrelly BL, for Mr Lehane, said any defence to the bank’s case must be authorised by his client as trustee of the O’Donnells’ estate.

Mr Lehane considered the defences being advanced by Mr O’Donnell were without merit and would not authorise their litigation, counsel said.

Mr O’Donnell, representing himself, urged Ms Justice Caroline Costello to refuse the injunction.

The judge said that she will give her ruling on a later date.


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