A High Court judge has sought evidence about what has been happening at a house in Killiney, Dublin, after being told solicitor Brian O’Donnell has barricaded himself inside it to prevent a bank-appointed receiver taking it over.
Rossa Fanning, for the receiver, said it was “ironic” Mr O’Donnell was receiving support from a group calling itself the Land League when Mr O’Donnell was “ultimately a member of the landlord class”.
The house at Gorse Hill, Vico Road, was recently vacated by three of the children of Brian and Mary Patricia O'Donnell after the Supreme Court dismissed their appeal against a High Court order clearing the way for Bank of Ireland to take possession of the house.
The bank sought possession on foot of an unpaid €71.5m judgment obtained against the O’Donnell parents. The judgment related to liabilities secured on various assets including the Killiney house.
Mr Justice Brian McGovern said he wants affidavit evidence on Tuesday from receiver Tom Kavanagh outlining what has been happening there since noon on Monday when the receiver was due to take possession.
The court heard members of an anti-repossession group called the Land League had reportedly joined Mr O’Donnell to oppose any attempt to take over the house.
The claims came during an application for an injunction by Mr O’Donnell’s son, Blake, also a solicitor, seeking to stop the eviction.
Mr O’Donnell told the court he and his three siblings, Blake, Blaise, Alexandra and Bruce, along with a company called Vico Ltd, sought the injunction claiming High Court and Supreme Court decisions in favour of the bank had been obtained on the basis of “lies” presented to the court by the bank.
Mr O’Donnell said his parents were in occupation of the house by virtue of a right of residency granted to them previously by him and his siblings.
As far as he was aware when he left the house earlier, a group of people had turned up to support his father in a peaceful protest.
Earlier, Cian Ferriter SC, for the bank, said Mr O’Donnell junior was engaging in a gross abuse of process with complete disregard for the integrity of the court system which had fully dealt with the same claims he was now making and which had been completely rejected.
Although Brian and Mary Patricia O'Donnell had been insisting until last January they lived in Kent in England, they were now saying they were living in Gorse Hill and were entitled to two years notice from their children before they can be evicted, counsel said. Around the same time, the children had written to the receiver saying they had vacated the property, Mr Ferriter said.
The judge remarked it was all “a bit like Lanigan’s ball”.
Rossa Fanning, for the receiver, said if the court refuses an injunction his client may seek attachment and committal orders against certain members of the O’Donnell family unless there are undertakings not to interfere with the receiver.
Mr Justice McGovern said he may not give a decision on the injunction application on Tuesday but he first wanted evidence as to what had been taking place at the house.
In his injunction application, Blake O’Donnell said he was entitled to seek an injunction on the basis of previous case law providing for a stay on such decisions where there was allegations of fraud and where members of the bank’s staff had lied under oath.
One of the plaintiffs, Bank of Ireland Private Banking (BOIPB), had unlawfully presented itself to the court as being a bank when it was in fact a mortgage intermediary, he said.
BOIPB, throughout its relationship with the O’Donnells, had always indicated the monies were loaned by BOIPB and not as had been claimed throughout the case by the “governor and company of Bank of Ireland”.
The judgment obtained against his parents was obtained on the basis of a fraudulent settlement agreement, he said.
He was also seeking the injunction as the company, Vico Ltd, which the High and Supreme Courts had found had full legal and beneficial ownership of Gorse Hill, had not been previously involved in the case and it was now open to Vico to challenge the validity of the security on the house which was granted to the bank, he said.