Injunction requiring six to leave Dublin premises secured

Court rules receiver entitled to injunction of property pending full hearing of dispute

Ken Fennell, an insolvency practitioner with Deloitte Ireland, sought the injunction after saying he could not take possession because several parties occupied parts of the property. Photograph:  Michaela Rehle/Reuters

Ken Fennell, an insolvency practitioner with Deloitte Ireland, sought the injunction after saying he could not take possession because several parties occupied parts of the property. Photograph: Michaela Rehle/Reuters

 

A bank appointed receiver has secured an injunction requiring anti-eviction activist Ben Gilroy and several others to leave a commercial premises.

The injunction was sought for a premises at 131 D, Slaney Road, Glasnevin, Dublin 11, in proceedings brought against a number of persons alleged to have been in occupation.

Ken Fennell was appointed receiver over the premises by AIB in October 2014. after the bank obtained judgment of €2.18 million against the property’s owner, Christopher Noone.

In a High Court judgment on Wednesday, Mr Justice Paul Gilligan said the receiver was entitled to an injunction giving him possession of the property pending the full hearing of the dispute.

Mr Fennell, an insolvency practitioner with Deloitte Ireland, sought the injunction after saying he could not take possession because several parties occupied parts of the property.

The proceedings were against Ben Gilroy; Anderson Prado; Sylwia Waliszewska trading as Sun Body Solarium; Paul O’Callaghan; Mariusz Jurkiewics and Arthur Fluskey.

Mr Gilroy opposed the application, a solicitor held a watching brief from Sylwia Waliszewska and there was no appearance in court by the other defendants, the judge noted.