Last-ditch O’Donnells bid to save home fails

A last-ditch bid by retired solicitor Brian O’Donnell and his wife to prevent a bank-appointed receiver taking possession of their former family home in Killiney, Co Dublin, at noon today has failed at the Supreme Court.

Wed, 29 Apr, 2015 - 01:00

Ann O’Loughlin

A three-judge Supreme Court yesterday refused an application by the O’Donnells for a stay on the High Court injunction granted in March requiring them to leave the property at Gorse Hill, Vico Rd, Killiney.

They sought the stay pending their application to the Supreme Court for leave to appeal against a decision by the Court of Appeal, made earlier this month, refusing to overturn the injunction.

In a 10-page determination, the Supreme Court judges

ruled that the Court of Appeal had applied well-established principles in its refusal to overturn the High Court injunction. The O’Donnells had not raised issues of general public importance entitling them to an appeal before the Supreme Court. They had also hada “full hearing” in the High Court.

There could not be a further appeal to the Supreme Court unless certain constitutional parameters were met, the court said, adding that there was no basis on which to grant leave to appeal.

Nor was there any basis for a reference of issues to the Court of Justice of the European Union.