Courts / Roscommon / Report

Strokestown eviction case won't be heard before end of term

Date
2019-07-18
Stage
Hearing Or Decision
Primary locality
Roscommon
County
Roscommon

Summary

Ms Justice Leonie Reynolds adjourned a High Court application by KBC Bank for an injunction requiring the McGann family to vacate their home at Falsk, near Strokestown, Co Roscommon. The matter was not concluded and will be heard next term due to judicial availability difficulties. KBC seeks an order requiring siblings Michael Anthony, David, and Geraldine McGann to leave the property, which is subject to a loan agreement where Michael Anthony McGann is the registered owner and owes approximately €431,000. The application is opposed. Counsel for the applicants, David Browne BL, instructed by solicitor Donnacha Anhold, argued the hearing would take longer than KBC estimated and requested that related proceedings brought by David McGann be consolidated. David McGann's separate action challenges the validity of the possession order obtained by KBC and seeks orders preventing interference with the property. Ms Justice Reynolds granted permission to seek consolidation of the two cases. Michael Anthony McGann was absent, and no representations were made on his behalf. The family was previously evicted in December following the execution of a 2012 possession order, an incident that drew national attention after security personnel were attacked. KBC commenced these injunction proceedings in May, noting that Gardaí have cleared the bank to proceed.

Who, what, where, when and why

What: Report matter: Strokestown eviction case won't be heard before end of term. Procedural stage: hearing_or_decision

When:

Case subjects

David McGann

Applicant

Outcome: Ms Justice Reynolds, citing the difficulties in getting a judge to hear cases at this time of year, adjourned the matter, which she said would have to be heard next term.

Donnacha Anhold

Applicant

Outcome: Ms Justice Reynolds, citing the difficulties in getting a judge to hear cases at this time of year, adjourned the matter, which she said would have to be heard next term.

Geraldine McGann

Applicant

Outcome: Ms Justice Reynolds, citing the difficulties in getting a judge to hear cases at this time of year, adjourned the matter, which she said would have to be heard next term.

Places mentioned

Court Venue
Secondary Mention

Topics

Stage Hearing Or Decision

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