The High Court has ordered Stephen Mulvany to vacate part of Birmayne House in Mulhuddart, Co Dublin, after finding he had not put forward sufficient initial evidence of a right to occupy it. Enforcement of the interlocutory injunction is stayed until 1 November 2023 to allow him time to leave. The underlying dispute remains for trial.
The application was brought by Ethafil Limited, which is in voluntary liquidation and is the registered owner of the property. Liquidator Myles Kirby said he first learned of Mr Mulvany’s presence on 1 February 2023, when representatives arrived to recover vacant possession after a settlement with Express Bus Ltd. The company said Mr Mulvany had no entitlement to remain and had prevented its representatives from taking possession.
Mr Mulvany disputed that account of his rights. In affidavits, he said he had occupied part of Lot 2 for years and relied on a purported 25-year lease signed in December 2015, along with rent payments made to Alan Martin. He also argued in the alternative that his long business occupation gave him a right to remain. He said removal would disrupt his bus repair and rescue business.
The company denied granting him permission or receiving rent. It argued that Mr Mulvany had never exhibited the lease, and that his claimed occupation could not establish renewal rights without evidence of a tenancy. The judgment records that the lease was not before the court, despite references to it in correspondence and affidavits. The judge therefore did not determine the company’s arguments about the document’s validity, stamping or execution.
Justice Eileen Roberts said the company, as registered owner, had to meet a higher threshold because the requested injunction would require Mr Mulvany to leave before trial. She found he had not provided sufficient prima facie evidence of an entitlement to occupy, and that occupation alone did not establish renewal rights. She also concluded that damages could compensate him if he later succeeded at trial.
The court granted the interlocutory injunction, but declined to make two further orders that were not pursued at the hearing. It said the case should proceed to trial, where Mr Mulvany may provide evidence about the alleged lease and any renewal rights. The judge’s provisional view was that he should pay the company’s legal costs; Mr Mulvany was given until 3 October 2023 to file submissions on costs, after which the company could reply.