A three-judge Court of Appeal has granted a six-day stay to solicitor Brian O’Donnell on a High Court order requiring him and his wife to vacate a mansion in the Dublin suburb of Killiney by 5pm today.
Mr Justice Sean Ryan said the stay was being granted in circumstances where Mr O’Donnell had told him he would be in a position to present his appeal next Thursday at 2pm.
The High Court had issued an order requiring the O’Donnells to leave the property by 5pm today.
During the brief hearing Cian Ferriter SC, for the bank, had argued that the balance of justice required that a stay not be granted.
Mr O’Donnell, accompanied by Jerry Beades of the New Land League, said he was seeking a stay pending an appeal of the High Court decision on Thursday, which he said was “grossly unjust and unlawful”.
Mr O’Donnell said he believed the High Court judge had erred in law. He had 22 grounds for appeal and was “very concerned at Mr Ferriter’s suggestion that the the facts as outlined in the High Court judgment were incontrovertible.
He told the court there was no possession order against him and his wife and that he had not been involved in previous proceedings relating to Gorse Hill.
“Let me ask you a simple question,” Mr Justice Ryan said. “Do you live in the UK?”
Mr O’Donnell responded: “We live in the UK but we have a permanent right of residence in Gorse Hill.”
Mr Ferriter said Mr O’Donnell and his wife were entitled to exercise their constitutional right of appeal. However, there would be “absolutely no prejudice” to the couple by not granting a stay.
The reality was t the house was not going to be sold before an appeal. “We simply want to take possession of and secure the house,” he said.
“The status quo is that Mr and Mrs O’Donnell don’t own the house, don’t live in the house,” Mr Ferriter said, adding that the balance of justice required the receiver taking possession.
Mr O’Donnell went to the Court of Appeal within hours of the High Court’s decision, seeking more time to appeal the trespass order obtained by Bank of Ireland and a receiver.
A furniture removal team was seen on Thursday night taking furniture and other items from the O'Donnells' former property on Vico Road.
The operation began at 9pm, shortly after court officers nailed a notice from the High Court ordering the O’Donnells to vacate the property or face jail and/or fines. The operation was completed shortly before midnight.
The High Court had earlier given Bank of Ireland an order preventing the couple from interfering with receiver Tom Kavanagh, who had been granted possession of Gorse Hill.
The receiver wishes to sell the house, valued at around €7 million, to meet part of a €71.5 million debt owed by the O’Donnells for various unpaid property loans.
