The High Court bestowed an order impeding between 30 to 50 persons from further unlawful occupation of two flat complexes in Ballsbridge, Dublin. Justice Mark Sanfey endorsed the order to the benefit of Alanis Unlimited Company, the recent purchaser of the 18-flat structure at Hadleigh Court, Percy Place, acquired last year from a sequestered receiver of the previous proprietor’s assets.
The request for the injunction was submitted on Monday by David Geoghegan BL, under the advisement of Gartlan Furey LLP, with his faction solely represented in the court. According to Mr Geoghegan, this property had been illicitly occupied by a crowd of 30-50 in the past few days, necessitating prompt attention for his procurer.
Brian Linnane, an executive at Alanis, attested that the property was formerly vacant, barricaded and virtually unreachable, with locks placed on entry points as well as internal doors. Entrance is viable from two locations on Haddington Road, including an underground parking structure and from Percy Place.
Linnane stated that workers from his company, as well as a security firm, K Tech, who acted on behalf of the receivers, have visited the property. It came to his knowledge that a patrol was alerted by a vigilant neighbour to a breaking and entering occurrence at the premises on the evening of March 5th. The officers discovered around 30-50 inhabitants filming and taunting them. The local law enforcement contacted K Tech. After deliberation, it was concluded a legal action from Alanis was an immediate necessity.
Linnane recounted that during his own visit to the property the subsequent day, he observed smoke emitting from the flats’ chimneys, suspecting the years-old dormant fireplaces were being used. His subsequent visit with three K Tech officers led them to discover the living quarters were fortified by the trespassers and the complex on Percy Place was devoid of occupancy.
When attempting to force entry through a glass doorway, they were met by four inhabitants who threatened them, one brandishing a knife, as relayed to the court. It was disclosed that the police were subsequently contacted and they went into the building in search of the individual wielding the knife. Yet, given there were approximately 30 to 50 people residing in the building, the officers chose to retreat over concerns of being outnumbered.
Stephen Bedford, the only occupant who could be identified at this moment, was named by the police, Mr Linnane informed. As the other residents presently remain unidentified, Bedford is the exclusive defendant named in the lawsuit.
Mr Justice Sanfey assented to issue an injunction, returnable by March 22nd. On this date, a hearing will be convened to decide whether the injunction should persist whilst awaiting the conclusion of the entire trespassing lawsuit.
The judge concurred with the lawyer that the litigation proceedings needn’t be delivered personally to the inhabitants. Instead, these can be served by leaving a package of legal papers at each of the three entrances, accompanied by signs positioned close to or at the entrances.
Additionally, Alanis was granted permission to approach the court should any incident occur in the interim.
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