Courts / Dublin / Report
Court dismisses injunction application for immediate possession of Dublin couple's home
Summary
Mr Justice Paul Gilligan adjourned a High Court application brought by NAMA-appointed receiver Mr Tom Kavanagh seeking immediate possession of a Dublin property. The applicant sought injunctions to enforce a November 2014 agreement signed by Mr Edgard Hall and his wife, Daphne, which required them to vacate the home at Dunrovan, Ferndale Road, Rathmichael, Co Dublin, to allow its sale. The Halls, who state they have lived in the family home for over twenty years, opposed the application. Mr Hall, representing himself, acknowledged signing the agreement but argued he had made improvements worth €75,000 and that eviction would cause homelessness. Mrs Hall's counsel, Charlotte Finnegan BL, alleged she lacked independent legal advice, claimed the agreement was altered by a third party, and argued the injunction would breach her rights under the Family Home Protection Act. The receiver's counsel, Brian Conroy BL, stated the receiver wished to sell the property, valued at approximately €900,000, to reduce debt. The judge dismissed the injunction application, noting that issues regarding legal advice, the agreement's validity, and statutory protections must be determined at a full hearing. He found damages an adequate remedy and that the balance of convenience favoured the Halls remaining in the property. The matter was adjourned for several weeks to allow the parties to exchange documentation, with a hearing date to be fixed upon return.
Who, what, where, when and why
What: Report matter: Court dismisses injunction application for immediate possession of Dublin couple's home. Procedural stage: hearing_or_decision
When:
- November 2014 Incident
- August 2013 Other
- January 2015 Other
- 2015-05-13 Publication
Case subjects
Applicant
Outcome: The judge adjourned the matter for several weeks to allow the sides exchange documentation.
Places mentioned
Topics
Related court reports
- Man charged with having 56k child abuse images and videos remanded on bail
- Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
- Mater must pay €10k to worker who said he was wrongly accused of abusing patient
- 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
- Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
- 77-year-old with 470 convictions told Luas staff to 'f**k off'
Help us improve this report
Your request is saved for the newsroom's next review. It does not immediately change the published report.
Prefer email? Send a correction request.