Receivers appointed over a South Co Dublin apartment development have claimed before the High Court that over 20 men wielding sledgehammers and baseball bats have unlawfully tried to take possession of the property.
The receivers, chartered accountants Myles Kirby and John Healy, claim that the men, who it is alleged are trying to threaten and intimidate them, are acting for the registered owners of the development, which consists of seven large apartments, located in Dundrum, Dublin 14.
The alleged owner of the property is the Dublin-registered development company Victoria Homes Ltd.
The court heard that both the receivers and the owners had placed rival security personnel, in rival attempts to take control of the development.
Stand-off
After gardaí were called to intervene at an alleged stand-off between the parties last week, the sides came to an arrangement and departed the site.
In an application to the High Court lawyers for receivers, and the two financial companies which appointed them, said that the registered owner and their agents have no right to be on or to take possession of the property.
They have asked the Court for various orders including injunctions granting the receivers and the parties that appointed possession of the Dundrum development.
The orders have been sought against Victoria Homes Limited, an associated company Victoria Homes Development Limited and Mr Patrick Byrne, who is alleged to be the owner director and controller of the two companies.
The applicants have also sought similar orders in respect of two other Dublin developments, one in Knocklyon and the other at Airfield, Donnybrook in Dublin 4,which belong to defendants over which the receivers have been appointed.
Injunction proceedings
At the High Court on Friday Mr Justice Conor Dignam granted the receivers and the two financial companies Emerald Sky II DAC and the related Lotus Decalia, permission to serve short notice of the injunction proceedings on the defendants.
The matter will return before the High Court next week.
Seeking the orders Edward Murray Bl instructed by Eoin Pentony of Edward Healy Solicitors for the plaintiffs said that Emerald Sky and Lotus had provided loans to Victoria Homes, which had been defaulted on.
The financial firms appointed the receivers over the three properties in October of last year.
The receivers took peaceful possession of the properties, which counsel said were being readied for sale to reduce the amount of money, understood to be some €8 million his clients say remain due and owing to it.
There had been no issues at the sites until early this month, counsel said.
Victoria Homes Developments Ltd did bring legal proceedings against the funds over the matter, counsel said. However, that action was discontinued late last month.
Counsel said that in early April, in an attempt to intimidate and threaten the receivers, rather than litigate the matter in the courts between 20 and 30 men acting for the defendants and including Mr Byrne turned up at the Dundrum property.
Counsel said that these men had implements including baseball bats and sledgehammers.
Counsel said that Mr Byrne also appeared on site with a dog.
Counsel said the defendants and their agents changed the locks on the property and had also attempted to cut through fencing erected by his clients with a saw.
Mr Byrne, counsel said, had at one stage of the dispute told Gardai who had called to the scene, that he was the owner of the property and had threatened to return to the property with more men.
The presence of Mr Byrne and the other men had resulted in a dispute with security personnel placed in the property by the receivers, counsel said.
After gardaí arrived at the site counsel said, both sides had agreed to deescalate matters.
However, the receivers say they are the only parties entitled to possession of the Dundrum property, or the other development sites, and are seeking orders form the court preventing the defendants from trespassing at the sites.
Counsel accepted that there had been no incidents of alleged trespass by the defendants at the developments at Airfield and Knockylon.
