A bank appointed receiver has secured a High Court injunction granting him possession of "a palatial eight bedroom mansion" described as similar to properties that featured in the TV series Dallas.
The injunction was granted by Mr Justice Paul Gilligan over a property known as the Grange or Grange House Ballyboughal, Co Dublin.
The order, made against Jeremiah ( Jerry) Donovan and his wife Bridget Donovan, requires them to hand over vacant possession of it and applies pending the final outcome of the legal dispute.
The judge said the property must be vacated by close of business on Friday and ruled the receiver should work with an auctioneer appointed by the Donovan’s to sell the property.
The injunction was sought by insolvency practioner George Maloney, appointed as receiver over the property in May. The application was opposed.
In a sworn statement, Mrs Donovan, represented by Louis McEntagart SC, said the property is her private residence but she spent some time away visiting family members.
In June, Mr Maloney, represented by Rossa Fanning SC, secured possession of the property, then unoccupied.
Broke in
The receiver claimed, some weeks later, the defendants broke back into it, refused to vacate it or provide access to Mr Maloney’s staff.
The property has eight bedrooms, five reception rooms, six bathrooms, a swimming pool, a pool room, a helicopter hanger and a bar called Donovans.
Mr Fanning described the property as similar to something one might see in the 1980s TV series Dallas.
The receiver also discovered the property has been marketed by the Donovans for sale on a website called www.mansionglobal.com on with an asking prices of US$7million.
Mr Maloney was appointed as receiver by KBC bank last May following the defendants alleged failure to satisfy a demand of €1.2million allegedly due and owing on loans it advanced to them in 2003 and 2005.
Opposing the injunction application, Mr McEntagart said Mrs Donovan rejects claims by the receiver she lives in the UK. The property which was transferred into her name in 2009 is her principal private residence and the bank was well aware of this, she claimed.
It was also her case that the bank or the receiver are not entitled to sell the property. She accepted she has advertised the property for sale.
Counsel also submitted, as the property was not abandoned, the receiver was not entitled to an order for possession. He could only obtain such an order from the Circuit Court, and no such order had been made or granted, counsel submitted.
Mr Justice Gilligan said he was satisfied to grant the injunction and any legal points raised by Mr McEntargart could be considered at the full hearing of the action.