Courts / Kildare / Report
Couple's occupation of house holding up €5.6m sale of property, court told
Summary
The Commercial Court heard that the occupation of Ballyburn House in Castledermot, Co Kildare, by Philip Morrissey Jnr and his pregnant wife is delaying a proposed €5.6m sale by AIB-appointed receivers. AIB seeks to sell the property to reduce a €26.9m debt owed by Dan Morrissey (Ireland) Ltd, the company allegedly owning the house. The bank and receivers dispute Mr Morrissey's claim of an ownership interest, asserting the property was security for a 2009 loan. They seek orders for vacant possession and a declaration that Mr Morrissey has no legal or equitable interest. Mr Morrissey, representing himself, opposed the application for fast-track admission, citing his unemployment and his wife's pregnancy, and requested an adjournment pending a Legal Aid Board decision. Mr Justice Brian McGovern admitted the case to the fast-track list, noting it met the necessary criteria. The judge acknowledged the Legal Aid Board's indication that a decision would take at least four months but stated that a long adjournment would be unfair to AIB, given the risk to the sale. He balanced the parties' rights, ruling that the matter must proceed. The case was adjourned to a date in December.
Who, what, where, when and why
What: Report matter: Couple's occupation of house holding up €5.6m sale of property, court told. Procedural stage: hearing_or_decision
When:
- June 2014 Other
- 2015-11-23 Publication
Why: Allied Irish Bank PLC and receivers it appointed to Dan Morrissey (Ireland) Ltd, the company which allegedly owns Ballyburn House, Castledermot, Co Kildare, want to sell the property in order to reduce a €26. CNI source report
Case subjects
Applicant
Outcome: The judge said he had to balance the rights of the respective parties in the case, and it would be unfair on AIB if the case was adjourned for a long time, given the bank fears the sale maybe in jeopardy due to any delay.
Places mentioned
- Ballyburn House
Topics
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