BRIAN O’DONNELL AND his family have at least three more weeks at their Killiney mansion.
The solicitor is appealing against a High Court ruling that granted a trespass order to Bank of Ireland requiring him and his wife to leave their home.
The court had granted the injunction to Bank of Ireland as O’Donnell allegedly owes it over €70 million.
The couple have remained at Gorse Hill for the duration of the appeal which began last Thursday.
O’Donnell – who is representing himself in court – claims that the appointment of the receiver was not properly executed under the provisions of a charter dating back to 1783.
He questioned the authority of Nicola Coyle, the woman who signed the deed. He claims there is no valid appointment as a result.
Today he said, “If the deed is not properly executed…you can’t rectify something that doesn’t exist.”
Senior Counsel for Bank of Ireland Cian Ferriter argued that the receiver to the property was appointed in a manner compliant with all relevant laws, saying “Nicola Coyle acted with the authority of the bank”.
Original documents were submitted to the court yesterday after the issue was brought up last week.
Ms Justice Finlay Geoghegan said that the appeal raised ‘a number of difficult issues for the court’.
The three judges hearing the case are Ms Justice Finlay Geoghegan, Ms Justice Mary Irvine and Mr Justice Michael Pert.
They are expected to deliver their judgement at 10am on 15 April. The stay on the order for the O’Donnells to vacate Gorse Hill was also extended until then.
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