Court clears way for Nama receiver to sell squatter home

The High Court has cleared the way for a Nama-appointed receiver to sell a Dublin 4 property occupied in recent weeks by squatters.

Mr Justice Paul Gilligan granted receiver David Carson, of Deloitte Ireland, various injunctions compelling those occupying a premises at 7 Barrow St to vacate.

Ronan Hackett, Benjamin Smith, and Joseph Williams, told the court through spokesman James Sutherland they were residing in the house. They opposed the receiver’s application, arguing they would be homeless if compelled to leave.

The judge said his order applies to the three and anyone with notice of their making. The trio, following the ruling, undertook to leave the premises by noon today.

Mr Carson, represented by Rossa Fanning, brought the proceedings after becoming aware on May 14 up to six people had taken up residence at the house and changed the locks.

Counsel said the people had been asked to leave and gardaí were called but the occupiers refused to leave.

Mr Fanning said Mr Carson was appointed by Nama over the property, owned by a firm related to developer Liam Carroll’s group of companies, and had sold it for €450,000.

The property had been occupied since mid-May and it could not be argued that anyone was being evicted from their home for any reasonable period of time, counsel said.

Mr Sutherland, opposing the application, said the residents would be made homeless should they be made leave and any such order would affect their rights under Article 8 of the European Convention of Human Rights.

Mr Justice Gilligan said the receiver was validly appointed over the property and was entitled to injunctions for possession.

The judge said the receiver had a strong case and the defendants were not in a position to give any undertakings in respect to damages. The balance of convenience also favoured the granting of the orders, he ruled.