Courts

Owners of illegally occupied buildings in Dublin 7 entitled to vacant possession, judge says

Properties had been used for events including poetry reading, boxing and raves, company alleged

Counsel said the defendants and all others persons illegally currently residing on the properties, who seem to be politically motivated, had 'no defence' to Garvagh’s action. Photograph: Graham Hughes/Photocall Ireland

Aodhan O'Faolain
Fri Dec 15 2023 - 19:04

Owners of illegally occupied buildings on Dublin’s north side are entitled to orders for vacant possession of the properties, the High Court has said.

Mr Justice Rory Mulcahy said on Friday that he is prepared to make orders in favour of Garvagh Homes Limited, having been satisfied it owns the adjoining properties, which include a former carpet showroom, some flats over disused commercial units and a garage, at 364-374 North Circular Road and 168-89 Phibsborough Road, Dublin 7.

Garvagh’s action is against several named parties and several more unknown persons.

The owner wants orders requiring those persons to cease trespassing and hand over vacant possession of the properties.

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Garvagh wants to redevelop the properties into apartments and commercial units but says that the alleged trespassers have been using the properties to hold events including poetry reading, boxing, raves, gigs and as a community centre.

It claims that several persons are also living in some of the properties.

Represented by Martin Hayden SC with Paul Fogarty BL, Garvagh said that the trespassers have no legal right to be there, that alcohol has been sold on the premises, and that the site has considerable health and fire safety issues.

Counsel said the defendants and all others persons illegally currently residing on the properties, who seem to be politically motivated, had “no defence” to Garvagh’s action.

There were very serious fire safety concerns for the properties, while a fire safety notice has been put in place by Dublin City Council, the court heard

Counsel said the court previously ordered that no social, community or commercial activity could take place on the site. However, events at the site, to which the public have been invited, continue to be advertised, he said. His client had issues over access to the various properties.

Earlier this month an ESB employee asked by his client to carry out some works on the site was “assaulted”.

The engineer was “dragged backwards” by a girl who grabbed his jacket before being shouldered, the court heard.

The ESB workers were then surrounded by a “rent a crowd of 20 people” and immediately left the site counsel said, adding that they are not prepared to return without the Gardaí being present.

Mr Hayden said his side went to great lengths to serve notice of the proceedings on the property but was hampered by certain individuals who gave false names.

One of the named defendants had given his name to the court as Stephen Kavanagh, claiming to be a resident of one of Garvagh’s properties but had in other unrelated court actions given his name as Stephen Bedford, counsel said.

Many of Garvagh’s claims, including those in respect of the events taking place and the safety of the premises, are denied.

Two other defendants, Shane O’Brien and Jem Cleaver, told the court they were prepared to vacate the premises, but they asked that a stay be put on any orders requiring them to leave the properties until a date in January.

They expressed concerns about having to find somewhere else to live, given the current availability of housing in Ireland and denied having anything to do with several of the matters complained of by the plaintiff, including the assault on the ESB worker.

Mr Kavanagh, who said that is the name he goes by, accepted he has been referred to as Stephen Bedford. He denied attempting to mislead anyone about his identity.

He asked the court to grant a stay of several months on any order requiring him or others to vacate the property where he currently resides. He said he needed time to secure another place to live.

After considering submissions from the parties Mr Justice Mulcahy said the plaintiff was entitled to an order requiring the occupants to vacate the premises and cease trespassing.

The judge was mindful of the time of the year, and the current housing situation, and was prepared to put a stay on the proposed order until January 8th.

The judge said he was continuing orders he previously granted prohibiting the defendants from conducting any activities on the commercial part of the plaintiff’s site.

The judge said that to ensure everybody is clear on the precise terms of the court’s planned order a map should be drawn up by the plaintiffs indicating what part of the site is deemed commercial, and what parts of the site can be used by those living on the site until January 8th.

The case will return to court on Monday when the injunction orders will be confirmed.

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