Fund entitled to injunction for possession, High Court rules

A financial fund is entitled to an injunction for possession of a property in south County Dublin where 15 people are believed to be residing, the High Court has ruled.

Everyday Finance DAC and receivers Stephen Tennant and Nicholas O’Dwyer secured the order against Paul White, his wife Jane Gleeson and persons unknown occupying the property at 96 Avoca Park, Blackrock, Co Dublin.

The injunction was sought pending the full hearing of the action. Represented by Eamon Marray, the fund and the receivers sought vacant possession of the property which they claim is subject of a mortgage executed in consideration of loans advanced by AIB.

Loans

It is claimed €3 million is due and owing under those loans which have been acquired by Everyday from AIB. The couple, with an address at Roney Beach, Gorey, Co Wexford, had opposed the application on grounds including claims the receivers were not validly appointed in 2017.

It was also claimed there was no debt due and owing by Ms Gleeson and she was entitled to benefit of rent or any other form of payment in respect of her interest in the property. The plaintiffs claimed approximately 15 people occupy the premises and that the defendants had not co-operated with the receivers.

In reply, Mr White told the court the premises was let since 2002, with the knowledge of AIB, to a single tenant and he did not know how the property came to be occupied by anyone else.

In his judgment on Thursday, Mr Justice Mark Sanfey said he was satisfied the plaintiffs had shown a strong case likely to succeed at the full trial of the action. Taking all the circumstances into account, he said it was appropriate to make orders enabling the fund and receivers take possession of the property.

Premises

He said the issues raised in the injunction application could be determined only at a full hearing and could not be decided on at this stage. The defendants had not shown there was an issue of any substance concerning the validity of the appointment or the powers of the receivers, he said.

The judge noted the couple do not reside at the property and it was not disputed that Mr White is in very substantial arrears. The current situation, with an estimated 15 people living at the property, was "completely unsatisfactory", he said. Dún Laoghaire Rathdown County Council and the HSE had inspected the property but were not taking any enforcement action, he noted.

He said none of the parties seems to be aware of the situation regarding rent, although it had been claimed by Mr Tennant the defendants “continue to derive a substantial income” from the premises.

He directed that a stay be placed on any sale of the house pending the determination of the proceedings. This would regularise the situation, and any rent derived from the property could be kept in escrow till the matter had been finalised, he said. The judge adjourned the matter to next week when final orders will be dealt with.