Courts / Wicklow / Report
Family with profoundly disabled child bid to halt financial fund from selling their home
Summary
Ann McDonald, alongside her husband Joseph and co-applicant Ned Murphy, launched High Court proceedings to prevent Everyday Finance from selling their home in Roundwood, Co Wicklow. The applicants allege that the receiver appointed by the fund is acting as an abuse of process and that the appointment was made outside the time limits of the 1965 Succession Act. The property, an 87.5-acre estate formerly used as a golf course, houses the McDonalds, their disabled grandson, and other family members. The applicants claim that Everyday Finance, which acquired a 2003 AIB charge in 2019, has delayed proceedings against the estate of Ann's late mother, Mary Healy, thereby losing the right to appoint a receiver. They seek an injunction restraining the sale or possession of the property, the discharge of the receiver, and an order preventing further appointments without court permission. The matter was heard before Ms Justice Siobhan Stack, who granted the applicants permission on an ex-parte basis to serve short notice of the injunction proceedings on the defendants. The judge made the matter returnable to a date later this month. The case remains at the hearing or decision stage, with the primary outcome being the adjournment of the final determination to allow for service of notice.
Who, what, where, when and why
What: Report matter: Family with profoundly disabled child bid to halt financial fund from selling their home. Procedural stage: hearing_or_decision
When:
- 2007 and 2011 Incident
- 2013 and 2015 Other
- 2022-11-11 Publication
Why: The McDonalds claims that Everyday is not entitled to appoint a receiver to sell the lands because of the fund's delay in advancing or taking proceedings against the estate of Mrs McDonald's late mother. CNI source report
Case subjects
Applicant
Applicant
Applicant
Places mentioned
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