The High Court has granted an injunction preventing between 30-50 people from continuing to trespass on two apartment blocks in Ballsbridge, Dublin.
Mr Justice Mark Sanfey granted the injunction to Alanis Unlimited Company, which bought the 18-apartment property at Hadleigh Court, Percy Place, last December from a receiver appointed over the assets of the previous owner.
The injunction application was made on Monday by David Geoghegan BL, instructed by Gartlan Furey LLP solicitors, on an ex-parte basis.
Mr Geoghegan told the court that, in the last few days, the property had been unlawfully occupied by between 30-50 people and the matter was now urgent for his client.
Alanis director Brian Linnane said in an affidavit the property was previously unoccupied, hoarding had been put up, and it was practically inaccessible. There were locks and hoarding on points of access, as well as locks on internal doors.
It is accessible from two points on Haddington Road, including an underground car park, and from Percy Place, the court heard.
Mr Linnane said two of his employees had attended the property on different dates, as have staff from K Tech security company, which have previously acted for the receivers who sold it.
Based on his own direct knowledge and discussions with these staff, it was Mr Linnane's understanding that on the evening of March 5th, gardaí received a call from a concerned neighbour who witnessed a break in at the property.
A patrol car was sent to investigate, and officers found some 30-50 occupants in it who were filming gardaí and allegedly antagonising them in order to provoke a response.
Gardaí phoned K Tech, which attended the scene. After discussing the situation, a garda sergeant said it was a civil matter, and said it would be necessary for Alanis to take legal action immediately.
Fires
Mr Linnane said when he visited the property on March 6th, he noticed smoke coming from the apartment chimneys. He said the fireplaces had not been cleaned for years, and he understood birds were nesting in several of them.
When he attended the next day with three K Tech representatives, they noticed both apartment blocks were barricaded by the occupants, and the block on Percy Place was entirely empty.
When they tried to break down a glass door to gain access, four of the occupants arrived at the other side and threatened them, with one of them brandishing a knife.
He said gardaí were called, and when they arrived, they entered the building seeking the man with the knife.
However, they said, as there were between between 30 and 50 occupants inside, they decided to withdraw because they felt they might be overwhelmed.
Mr Linnane said gardaí informed them that one of the occupants was a man called Stephen Bedford. He is the only named defendant in the proceedings as it has not been possible to identify the others at this stage, he said.
Mr Justice Sanfey said he was satisfied to grant the injunction and make it returnable to March 22nd, when a hearing will take place on whether the injunction should continue, pending determination of the full action for trespass.
The judge agreed with counsel that service of the proceedings on the occupants need not be personal and can be effected by leaving a box containing the court documents at the three entrances along with signs affixed at or near the entrances.
He also gave liberty to Alanis to apply to the court should anything happen in the meantime.
