Fund and receiver deny businesswoman’s claims of unlawful bid to sell her home

A financial fund and a receiver have denied “in the strongest possible terms” a businesswoman’s claims they have acted unlawfully in their attempts to sell what she says is her home in Galway city.

The allegations were made by Lucy Ewins. She has claimed before the High Court that agents of Promontoria Scariff Designated Activity Company and receiver Mr David O’Connor are attempting to sell her home The Rise, at Knocknacarra in Galway,

She also claims that the defendants’ agents changed locks in the four-bedroomed house, are trying to market the property for auction, that on one occasion a representative of the defendants refused to leave her home and slept overnight in the sittingroom of the property.

She claims those actions amounted to an unlawful trespass and a breach of her rights, including her right to privacy. She also claims she has been the subject of intimidation and harassment by the defendants for several years.

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Ms Ewins, who is originally from Kenya but who has lived in Ireland for more than 30 years, is seeking various injunctions against the defendants restraining them from selling or trespassing at the property.

Earlier this week she secured permission from a judge to bring her injunction application before the court. When the matter returned before the court on Thursday, Niall Ó hUiggin, for the defendants, said his side was seeking an adjournment so they could fully reply to the “serious allegations” made against them.

Counsel said his clients deny in “the strongest possible terms” all allegations of wrongdoing made against them by the plaintiff. Counsel added that, given the nature of the plaintiffs’ allegations, his clients were anxious to have the matter heard “as soon as possible”. In the meantime, counsel said, his clients were prepared to give undertakings not to sell the property, nor attend at the property until the case returns before the court.

After noting the undertakings, Mr Justice Rory Mulcahy agreed to adjourn the matter for two weeks.

Represented by Martin Byrne, Ms Ewins says the property has been her principle private residence since 2014. She denies claims the house is an investment property or that she resides at an address in Dublin.

She said that she, and her now estranged husband, had operated businesses in Dublin and Galway, resulting in them residing at both the Galway property and at a property in Rush, Co Dublin. Following the breakdown of her marriage, she claims she lives permanently at the Galway property, which she said was acquired in 1999.

The mortgage on that property was ultimately acquired by Promontoria in 2018.

She said that repossession proceedings had been issued against her and her ex-husband in respect of the semidetached Galway property in the Circuit Court. In 2020, she claims, Promontoria appointed Mr O’Connor as receiver over the property.

Earlier this month Ms Ewins said a sign stating the property is up for auction was erected outside of the house. That auction was due to take place later this month. She launched proceedings against the defendant aimed at preventing the property from being sold.

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