THE SUPREME COURT has rejected leave for Brian O’Donnell to appeal the trespass order against him. It means the solicitor and his wife have until tomorrow to leave Gorse Hill.
Two weeks ago, the Court of Appeal also rejected an application made by the father-of-four and now the Supreme Court have closed another door on himself and his wife.
The High Court originally granted the tresspass order in favour of Bank of Ireland almost six weeks ago but a series of appeals and requests meant the O’Donnell’s have been allowed stay in the property.
They had been given until 12pm tomorrow to stay in the property as the Supreme Court decided whether or not it would hear an appeal.
That decision has now been made and no appeal will be heard. This determination was made by the court without a hearing.
Outlining its reasons for denying the leave to appeal, the Supreme Court decided that there have been already been two full hearings in relation to the injunction.
“Their submissions have been fully and comprehensively aired, addressed and dismissed by two courts,” the determination read.
The Supreme Court decided that the “interests of justice” did not require a further hearing on the injunction. It added, however, that the O’Donnells will be able to further argue their case in upcoming proceedings:
It is also important to note that the decision in question was an interlocutory injunction decision. The applicants will, of course, have a full hearing at the substantive trial of the matter (including a full right of appeal in the event that they lose at trial).
The Supreme Court said that there was “no basis” to hear the O’Donnells appeal and further determined that “no legal basis has been established for a reference to the Court of Justice of the European Union.”
The bank has sought the repossession of the house on Vico Road due to a debt alleged to be over €70 million.
The O’Donnell’s say that they do not own the property but that is owned by Vico Ltd, a company O’Donnell and his wife previously had an interest in.
It was argued in court by the bank that the O’Donnells did not live in the property until March of this year and returned only when the bank attempted to move on the property.
The case received significant publicity not only because of the value of the property, it was once valued at around €30 million, but also because of the involvement of the Land League.
The group had been present at the Gorse Hill property and was accused in court of helping the O’Donnells barricade themselves inside.
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