Courts / Dublin / Report

Fund secures injunction requiring family to leave Dublin property

Date
2018-03-20

Stage
Charge Or Pretrial

Primary locality
Dublin

County
Dublin

Summary

Havbell Designated Activity Company secured a High Court injunction requiring Maria Isabel Dias and her family to vacate a Dublin property pending the final outcome of the case. Ms Justice Caroline Costello found the fund entitled to possession, ruling that Ms Dias failed to establish an arguable case for occupancy rights binding the fund. Consequently, the judge determined Ms Dias was a trespasser and that the premises did not qualify as a family home under the Family Home Protection Act, 1976. The court noted Ms Dias had profited from using the building as a guesthouse via Airbnb. Ms Dias, represented by Vincent Martin SC, opposed the application, claiming a valid tenancy with former owner John Rooney, an equitable interest based on €50,000 to €80,000 in repairs, and an option to buy the property for €475,000. She also alleged delay and abuse of process by the fund. Havbell, represented by Anthony Thuillier Bl, argued it owns the property, acquired through a €2.3m loan to John Rooney, and that the occupants enjoyed it rent-free for three years. The judge stated there was no legal obligation for the fund to negotiate a sale with Ms Dias, who may sell the property on the open market with vacant possession. The injunction remains in place until the case concludes.