Courts / Dublin / Report

Businessman seeks to prevent bank's repossession of his home

Date
2015-06-24

Stage
Hearing Or Decision

Primary locality
Dublin City

County
Dublin

Summary

Businessman Gerard Cosgrave, the applicant, brought High Court proceedings to prevent the Dublin City Sheriff from repossessing his family home in Donnybrook, Dublin. He seeks an injunction to stop the Sheriff from executing a 2013 Circuit Court order obtained by KBC Bank Ireland Ltd. Cosgrave claims the Circuit Court lacked jurisdiction to grant the repossession order because the property is not rated or ratable under the 2001 Valuation Act. KBC Bank sought the original order due to an alleged failure by Cosgrave to repay loans advanced in 2005 and 2006. The Sheriff stated he would take no steps to repossess the property while the matter is before the court. KBC Bank's lawyers opposed the application, describing it as misconceived. Mr Justice Paul Gilligan had previously granted permission on an ex-parte basis to serve short notice against the Sheriff and the bank. At the hearing, the judge noted that the application raised issues requiring clarification, including whether the High Court had jurisdiction to hear the case. Consequently, Mr Justice Gilligan adjourned the matter to next month. The case remains at the hearing or decision stage, with no final determination or sentence issued.