Mary Pat O’Donnell ‘entitled to argue’ right of residence

Dr Mary Pat O’Donnell, wife of retired solicitor Brian O’Donnell, is entitled to argue she has a right of residence at Gorse Hill in Killiney, Co Dublin, which the family was ordered to vacate, the Court of Appeal has ruled.

Yesterday, Mr Justice Donal O’Donnell said she was entitled to contest an injunction preventing the couple from trespassing on Gorse Hill or interfering with a receiver’s right to dispose of the property to help meet the O’Donnell’s €71m Bank of Ireland debt.

She was entitled to do so on the basis of an argument put forward on her behalf by her husband that she had a right of residence in the house, he said. This arose out of the couple’s claim that the Family Home Protection Act guarantees property entitlements to spouses.