Mother an ‘innocent victim’ in dispute over property

A High Court judge has allowed the mother of three young children, who is “the innocent victim” of a dispute over possession of a Dublin property, to stay on in the house until February.

Mr Justice Paul Gilligan said the woman was not entitled to, but should be allowed remain at the property at Cedar Brook Avenue, Cherry Orchard, Dublin 10.

The property is the subject of proceedings between its owner, Gerry Ward, and Simon Coyle, who was appointed receiver over the property by Bank of Ireland.

Mr Ward has opposed the validity of the receiver’s appointment.

In 2016, Mr Coyle obtained orders from the High Court preventing Mr Ward from dealing with, occupying, trespassing, and interfering with the Cherry Orchard property and the receivership.

However, he was unable to gain possession of the property, resulting in him bringing proceedings alleging contempt of the court orders against Mr Ward, of Mount Eagle Green, Leopardstown Heights, Dublin 18, and the occupier of the property, who the court was told earlier this week was a Ms Amy O’Reilly.

Ms O’Reilly appeared before the High Court yesterday by arrangement.

The judge accepted that Ms O’Reilly, who was visibly very upset during the proceedings, saying she did not understand what was happening, was an innocent party in the matter.

She told the court she had been paying rent to Mr Ward. The judge said he was making an order requiring her to vacate the property as she was not entitled to be there.

The judge said he was adjourning the matter to February so that Ms O’Reilly could take steps to secure alternative accommodation elsewhere.

He said if she left the house before mid-February, she would not have to return before the court. He added that if anyone approached her in regards to her occupation before then, she was to contact the gardaí.

Mr Coyle, represented in court by Declan Wade, was in 2015 appointed receiver over the Cherry Orchard property, which Mr Ward acquired on foot of a mortgage he acquired from ICS Building Society in 2007.

Counsel said his client wished to take “a humanitarian and practical” attitude towards Ms O’Reilly but Mr Ward was in a different position.

Mr Ward was not present in court for the proceedings.

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