Efforts to remove donated items from Apollo House continue

Receivers seek indemnity in relation to claims arising out of occupation, court told

“The onus” was on  named defendants to ensure all property put into the building was removed, judge says.Photograph: Dara Mac Dónaill
“The onus” was on named defendants to ensure all property put into the building was removed, judge says.Photograph: Dara Mac Dónaill

Efforts to remove all remaining items of property donated to housing campaigners who occupied Apollo House in Dublin are continuing, the High Court has heard.

The occupation ended last week when the last remaining resident left the building a few hours after the matter had last been before the court.

Efforts are ongoing to remove many items of property, including furniture and beds, donated by members of the public to the Home Sweet Home coalition, the group that organised the occupation, Mr Justice Paul Gilligan was told on Tuesday.

Solicitor Gary Daly, representing musician Glen Hansard, trade unionist Brendan Ogle and activists Aisling Hedderman and Carrie Hennessy, members of the Irish Housing Network group which is part of the coalition, also said there was an issue to be worked out.

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He said the receivers appointed by a Nama company over the property were seeking an indemnity in relation to any claims made arising out of the occupation.

Some volunteers who intended to remove items were unable to get access to the property when they arrived, Mr Daly said. He needed to consult with his clients and would continue to liaise with solicitors for the receivers on the issue, he said.

Indemnity

Rossa Fanning SC, for the receivers, said they had sought an indemnity over concern they may face claims arising out of the occupation. A lot of items were placed in the building during the occupation.

The receivers had been sent a query from a person who sought return of a boiler donated to the occupation, he said. The receivers knew nothing about the boiler and feared they could potentially face claims over this and other items.

Mr Justice Gilligan agreed to adjourn the case for another two weeks to allow the process of vacating the building continue.

Given the court’s findings the occupation had been illegal, “the onus” was on the named defendants to ensure all property put into the building was removed, he said. In the meantime, the sides should work out a way that would result in the building being left the way it was before the occupation began.

The building, located on Tara Street and Townsend Street in Dublin, had been offered as accommodation to the homeless by the coalition.