The Supreme Court has refused Brian O'Donnell and Mary Patricia O'Donnell leave to appeal in their case with Bank of Ireland and Tom Kavanagh over the property known as Gorse Hill. The determination was delivered on 28 April 2015.
On 12 March 2015 the High Court granted an interlocutory injunction restraining the couple from entering or interfering with Gorse Hill, and ordered them to vacate it. On 15 April 2015 the Court of Appeal (Finlay Geoghegan J, Peart J and Irvine J) dismissed their appeal.
The O'Donnells, who represented themselves, asked the Supreme Court to hear a further appeal. They argued that the case raised issues about a judge's refusal to step aside for alleged bias, the use of a mandatory injunction to gain possession of a family home, and the fairness of the High Court hearing. They also asked for a stay. The Supreme Court said it could not consider a stay until it had granted leave to appeal.
The court said the main issue was the grant of an interlocutory injunction, where well-established principles were applied to the particular facts. It said these issues raised no matter of general public importance, and that the interests of justice did not require an appeal. The O'Donnells had already had a full High Court hearing and a full appeal. The court also found no basis for a reference to the Court of Justice of the European Union.