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Two Ballsbridge apartment blocks unlawfully occupied by 30 to 50 people, court told

High Court grants injunction preventing continued trespass at 18-apartment property at Hadleigh Court, Percy Place

The High Court has granted an injunction preventing continued trespass at an 18-apartment property at Hadleigh Court, Percy Place, Dublin

Tue Mar 12 2024 - 08:27

The High Court has granted an injunction preventing between 30 and 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, while only his side was represented in court.

Mr Geoghegan told the court that in the last few days the property has been unlawfully occupied by between 30 and 50 people and the matter was now urgent for his client.

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Alanis director Brian Linnane said in an affidavit that 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.

Mr Linnane said two of his employees attended the property on different dates, as have staff from K Tech security company which previously acted for the receivers who sold it.

Based on his direct knowledge and discussions with these staff, it was Mr Linnane’s understanding that on the evening of last March 5th, Irishtown 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 apparently antagonising them to provoke a response.

Gardaí phoned the security firm K Tech, which attended the scene and, after discussing the situation, a sergeant said it was a civil matter and it would be necessary for Alanis to take legal action immediately.

Mr Linnane said that when he visited the property himself 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 empty.

When they tried to break down a glass door to gain access, four of the occupants arrived on the other side and threatened them, with one of them brandishing a knife, the court was told.

He said gardaí were called and they entered the building seeking the man with the knife. However, they said as there were between 30 and 50 occupants inside they decided to withdraw because they felt they might be overwhelmed.

Mr Linnane said gardaí informed them 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 was satisfied to grant the injunction and make it returnable to March 22nd, when a hearing will take place into 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.

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