Decision on Gorse Hill due

A decision in an appeal by retired solicitor Brian O’Donnell and his wife Dr Mary Patricia over a finding they are trespassing on the former family home is expected before the end of next week.

Sat, 21 Mar, 2015 - 00:00

Ann O’Loughlin

A stay on an order that they vacate Gorse Hill, Vico Rd, Killiney, Dublin, remains in place until Tuesday, at least, when the Court of Appeal says it wants further affidavit evidence from Bank of Ireland in relation to Mr O’Donnell’s assertion that the receiver does not have right of possession to the house.

Among the grounds being put forward by Mr O’Donnell, seeking to overturn a High Court finding they are trespassing, is that receiver Tom Kavanagh was not validly appointed.

Ms Justice Mary Finlay Geoghegan, presiding in the three-judge Court of Appeal yesterday, said that before giving its decision it would deal briefly on Tuesday with affidavit evidence in relation to the right of the receiver to possession because it concerned the question of title to the property.

The court hopes to give its decision before the end of next week as it was anxious to finalise this matter, she said. The stay on the High Court order remains in place until Tuesday, she said.

Earlier, Cian Ferriter, for Bank of Ireland, said his client is being deprived of €12,000 a month in rent it could receive from Gorse Hill. The bank also does not know how the O’Donnells, who live in England, are supposed to be looking after the luxury house in terms of maintenance and insurance, he said.

Urging the three-judge court to reject the appeal, Mr Ferriter said the bank could lose out to the tune of €144,000 a year in rent.

It was clear that if the bank wins the case, damages may not be an adequate remedy as the O’Donnells are declared bankrupts and would not be in a position to pay for any losses, Mr Ferriter said.

On the other hand, if the O’Donnells won, any damages would be an adequate remedy for them, he said.

The High Court and Supreme Court had found a company called Vico Ltd, which offered Gorse Hill as security to the O’Donnell loans, was the owner of the house. Those courts had decided Vico should deliver up possession to the bank- appointed receiver, counsel said.