Siblings fight BoI appointment of receiver over luxury home

A challenge by the adult children of solicitor Brian O’Donnell to the appointment of a receiver over their luxury home has opened at the Commercial Court.

Bank of Ireland, which is seeking to enforce a €71m judgment against Mr O’Donnell and his wife, Mary Patricia O’Donnell, arising from unpaid loans, claims the children are not in lawful occupation of the property at Gorse Hill, Vico Rd, Killiney.

According to a previous statement of net worth from the couple, the property was valued at €30m in 2006, but now has an estimated worth of €6m to €7m.

In their action before Mr Justice Brian McGovern, the O’Donnells’ children — Alexandra, Blake, Bruce, and Blaise — are challenging the appointment by the bank of a receiver and manager over Gorse Hill on Jun 7, 2012.

The children, represented by Ross Maguire SC, are also challenging mortgages and guarantees entered into in 2006 by Vico Ltd, the Isle of Man trust company which owns Gorse Hill.

The children argue that Gorse Hill is owned for several years by the Vico trust company, of which they are the beneficiaries. They also claim the bank knew that the trust, not their father, was the owner of the property.

The children claim the trust was set up about Dec 1997 and the Gorse Hill property was put into it some years later, prior to the making of the loans at issue between their parents and Bank of Ireland.

While the bank accepted statements of net worth from their father which referred to Gorse Hill as his property, the bank was aware the trust owned the property, they allege.

Opposing the action, the bank contends Vico Ltd had provided Gorse Hill as security for loans advanced by the bank to Mr O’Donnell and Dr O’Donnell, and the children never had any legal interest in the property.

On those and other grounds, it argues that it was entitled to appoint a receiver.

The case, listed to run for six days, continues.