Dalkey housewife ‘forcibly removed’ tenants from house, High Court told

A Dalkey housewife "and her associates" forcibly removed a couple from the house they had rented from her in what the tenants described as a "horrendous and frightening" experience, the High Court heard yesterday.

Mr Justice Paul McDermott has been asked by bank receivers Liam Dowdall and Sean McNamara for injunctions restraining Joan O'Connor, Pinehaven, Dalkey Avenue, Dalkey, Co Dublin, and her husband, Pat O'Connor, of Ballymore Lane, Craughwell, Co Galway, from obstructing their activities.

William Abrahamson told the court the O’Connors had raised a loan from Ulster Bank to buy 9 Dalkey Avenue, on which they had developed two houses – Pinehaven, where Ms O’Connor lived, and The Laurels, next door, which they rented to Patrick and Phyllis Glavin.

Mr Abrahamson, counsel for the bank-appointed receivers, said a second loan had been granted to the couple to buy in Craughwell, where Mr O’Connor now lived. Due to mounting arrears, the bank had called in both loans amounting to more than €2 million.

When it was not repaid the bank, under a mortgage clause, appointed Mr Dowdall and Mr McNamara as receivers over The Laurels house and the Craughwell property. Ms O’Connor had actively sought to impede the progress of the receivership.

Co-operating
The Glavins had accepted they would have to leave the house and had been co-operating with the receivers, paying their rent as normal. However, the court heard they had been intimidated by Ms O'Connor, who had taken control of The Laurels, forcibly removed the Glavins and changed the locks.

Mr Dowdall said in an affidavit he believed the defendants were intent on obstructing the receivers and that it would continue unless they were restrained by the court.

Joan O’Connor, who was not legally represented, was advised in court by former developer Jerry Beades, who was allowed by the judge to act as her “McKenzie Friend” – a person who sits beside an unrepresented litigant and assists by taking notes and giving advice.

In her affidavit, Ms O’Connor said her husband was not medically fit to attend. Mr Justice McDermott said he would rule on the application for restraining injunctions against the O’Connors in September.