A number of people who bought a Dublin city centre property from a bank-appointed receiver have secured a temporary High Court injunction preventing anti-repossession activist Charles Allen, head of the Rodolphus Allen private trust, entering the premises.
Claude Fettes, Annette Cooper and Marc Godart claim Mr Allen and several supporters unlawfully forced their way into the building at Merrion Square, Dublin, earlier this month.
They allege Mr Allen, who claimed the trust had an interest in the property, remained in the building for several days with several supporters before leaving last weekend. It is also alleged carpets were removed from the property.
Ex-parte basis
Yesterday, Mr Justice Paul Gilligan granted the owners an interim injunction preventing Mr Allen, his servants or agents entering, attending at, watching or besetting the property. The injunction was granted on an ex-parte basis (only one side represented) and will be returned to later this week.
In seeking the injunction, Alistair Rutherdale said the owners had acquired the property from a bank-appointed receiver last month.
Although Mr Allen and his associates left the premises last weekend, the owners were concerned he might attempt to re-enter and that was why they sought the injunction.
Forced entry
Mr Allen and others forcibly entered and occupied the building earlier this month, counsel said.
His clients were prevented accessing the building during the occupation and at one stage a man with a large Alsatian dog was on the property.
Counsel said gardaí were called. When a representative of the owners approached Mr Allen, he ran into the building and bolted the door.
When asked to leave, he responded with “an expletive” and said if they wanted him out they could sue him, counsel added.
Mr Rutherdale said the basement of the property was used by a sound recording business whose operators had been prevented entering their business due to Mr Allen’s actions and were understandably unhappy about that.
Counsel said Mr Allen purported to head an entity called the Rodolphus Allen private trust.
While Mr Allen, with addresses at Thomastown and Inistioge, Co Kilkenny, had claimed the trust acquired a lease in the property from the previous owner, this was not the case and the property was not and could not have been validly transferred to the trust, counsel said.