A 34-year-old man was left out on the street yesterday when a last-minute High Court application to stop him being evicted from his home proved to have been taken hours too late.
Mr Justice Philip O'Sullivan heard that Dermot Rock, a separated father of three children, had already been evicted from his home at Avondale House, North Cumberland Street, Dublin, by the sheriff two hours before an application to stop the eviction had been opened to the court.
Andrew Kelly, counsel for Mr Rock, said Ms Justice Mary Laffoy had on Monday evening allowed late service on Dublin County Council of an application by Mr Rock to challenge the constitutionality of the Housing Act under which his eviction had been ordered.
Mr Kelly said that despite the county sheriff having been told at 9am of the pending court proceedings, the eviction had gone ahead.
He would nevertheless still be seeking a declaration from the court that Mr Rock's constitutional rights had been breached.
He said Anthony Murphy, Mr Rock's solicitor, had left a message regarding the judge's decision on a Dublin City Council telephone answering machine on Monday evening.
Mr Justice O'Sullivan said there was no order in existence restraining an eviction and the sheriff had not been made a party to the proceedings. There was no question of the council having breached any court order or having acted in contempt.
Carol O'Farrell, counsel for the local authority, told the court there was a long litigation history to the eviction going back to May 2001, when the council had obtained a District Court warrant to evict.
She said this had been unsuccessfully appealed to the Circuit Civil Court, High Court and Supreme Court.
In the earlier court proceedings, Dublin City Council had outlined how Mr Rock's eviction had been sought on the grounds of anti-social behaviour and proper estate management.
The Circuit Court had been told Mr Rock had been served with a notice to quit mainly because he had allowed his uncle, James Rock, to live with him.
The Circuit Court had been told that Dermot Rock was informed by council officials that the presence of his uncle at Avondale House had been a matter of serious concern for the local authority, "as many local residents were in fear of James Rock, who was known to be a violent and intimidating person".
Mr Justice O'Sullivan adjourned the matter until this morning and directed Mr Rock's legal team to put its papers in order by way of sworn affidavits as to compliance with Ms Justice Laffoy's order.