Family moved into house High Court had ordered must be sold

Contempt of court claimed after family of nine moved into Clonmel house

At the High Court yesterday, lawyers for Crohan O’Shea claimed that Michael Butler, Glenbrook, Old Spa Road, Clonmel, was in contempt of court by moving a family of two adults and seven children into a property at Sycamore Drive, Ard na Sidhe, Clonmel, Co Tipperary.

At the High Court yesterday, lawyers for Crohan O’Shea claimed that Michael Butler, Glenbrook, Old Spa Road, Clonmel, was in contempt of court by moving a family of two adults and seven children into a property at Sycamore Drive, Ard na Sidhe, Clonmel, Co Tipperary.

Sat, Apr 6, 2013, 06:00

A property owner faces the prospect of being jailed for allegedly moving a family of nine into a house that the High Court had previously ordered must be sold to satisfy a debt.

At the High Court yesterday, lawyers for Crohan O’Shea claimed that Michael Butler, Glenbrook, Old Spa Road, Clonmel, was in contempt of court by moving a family of two adults and seven children into a property at Sycamore Drive, Ard na Sidhe, Clonmel, Co Tipperary.

Last February Ms Justice Elizabeth Dunne granted Mr O’Shea several orders including one allowing him to sell that property and three others in the estate in order to satisfy a judgment he had previously obtained against Mr Butler.

Mr O’Shea was also entitled to vacant possession of the four properties, the court also ruled.

Mr Justice Patrick McCarthy was told that the O’Reilly family had moved into one of the properties on the invitation of Mr Butler. Hugh O’Flaherty, for Mr O’Shea, said the family did not have permission to reside in the house and any occupation of the property was in breach of orders made by Ms Justice Dunne.

Mr Justice McCarthy, on an ex-parte basis, granted Mr O’Shea, a company director, permission to serve short service of injunction proceedings against Mr Butler and the O’Reilly family compelling them to vacate the property.

Mr O’Shea was also granted permission to seek an order that Mr Butler be brought before the court and that he be committed to prison for his alleged contempt of court.

Mr O’Flaherty said John O’Shea, who had been overseeing works in the estate, had said in a sworn statement that on March 31st he was informed that Mr Butler had moved the O’Reilly family into the house at Sycamore Drive.

Mr O’Flaherty said Mr O’Shea had told gardaí about this, but they had told him that it was a civil matter.

Mr O’Flaherty said it was also their case that the four properties in the estate had been interfered with, had been damaged and had their locks changed.

John O’Shea said that work needed to be done on the four properties before they could be sold. However a contractor hired to do some works was challenged by Mr Butler before they could evaluate the requisite works. Mr O’Shea said he believed Mr Butler would take steps to obstruct the court-ordered sale of the properties.

Mr O’Flaherty said that the matter arose out of long-running proceedings involving his client and Mr Butler.

Previously the court heard that Mr O’Shea, Summer Hill, Marino Avenue West, Killiney, Co Dublin, and his company, O’Shea Homes Ltd. became involved in a partnership with Mr Butler, his brother William Butler and another party to build 113 houses at the Clonmel estate.

A settlement agreement was entered between the parties. However the matter returned before the courts in 2011 after Mr O’Shea’s company claimed it was prevented by the Butlers from carrying out remodelling works on an unfinished part of the sites.

Mr Justice McCarthy made the matter returnable before the High Court on Monday.