Supreme Court adjourns eviction challenge

An action in which two elderly sisters are seeking to contest their eviction from a house in Co Dublin where they had lived most…

An action in which two elderly sisters are seeking to contest their eviction from a house in Co Dublin where they had lived most of their lives has been adjourned until next month by the Supreme Court.

Miss Rose Blackall (81) and her sister, Miss Eileen Blackall (87), were evicted from the house at Marino Park, Blackrock, earlier this week following years of litigation in the Circuit Court and High Court.

In the Supreme Court yesterday, Dr Michael Forde SC sought a three-week adjournment of the matter.

Counsel said he had been instructed by the sisters only on Thursday afternoon and needed time to familiarise himself with the papers to establish whether there was a strong cause for an appeal of the eviction order.

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Ms Caroline Costello, counsel for Ms Iris Blackall, personal representative of her late husband, Mr Gerard Blackall (a brother of the two sisters), said she had no idea what was before the court. She added that a possession order regarding the house was effective but she was not aware the sale had closed.

The Chief Justice, Mr Justice Hamilton, said there had been an order of the Circuit Court, which was confirmed by order of the High Court, directing the sale of the property.

The case involved a family dispute. The court would like to know what the appeal was about.

Dr Forde said it was conceivable an appeal would be futile and, if so, he would advise his clients to that effect.

The Chief Justice said the case was fundamentally a family dispute in which the Blackall sisters' mother had made a will leaving the property between three daughters and a son.

Dr Forde's clients never appeared to have accepted that and had done everything to frustrate the right of the brother to his share.

The case had gone through the courts on numerous occasions.

"If they have a good point we are not trying to cut them off," Mr Justice Hamilton said. "But we would like to know what it is."

As Miss Rose Blackall left the Four Courts, she received a rousing cheer from building workers protesting outside against the jailing of two of their colleagues.