Fund claims its security were ejected from beach-front property it repossessed | BreakingNews.ie

A financial fund has claimed before the High Court that its security staff were forcibly removed from a North County Dublin beach-side property it recently repossessed.

Everyday Finance DAC claims a two-bed gated property at Brackendown, Portrane, Co Dublin has been unlawfully re-occupied by its owner Mr Joseph Kennedy, who was allegedly assisted by several unknown individuals, earlier this week.

On Friday, Keith Rooney BL, for Everyday, told Mr Justice Mark Sanfey that the property was lawfully repossessed by his client last month on foot of orders granted to it by the courts.

Everyday had engaged Blackwater Asset Management to secure the property.

Last Thursday evening, it is alleged that Mr Kennedy, who is believed to be living nearby, came to the property and asked the sole security operative there for a guitar inside the home.

When the security man went to return the instrument to the defendant, it is claimed that the operative was grabbed by four other men who forced him out of the property.

It is claimed that while the security was being forced out, two other men “vaulted a fence around the house” and ran inside the property.

After his removal from the property, the security man got into his car which was outside and contacted his manager, who in turn called Gardaí.

However, the security man said that while he was in his car, several men came out of the property and began kicking the car and verbally abusing him.

It is claimed that the security man left the property as he feared for his safety.

It is also claimed that as his car exited the front gate he was followed by a Nissan SUV with a UK registration.

It is claimed the SUV shoved into the security operative’s car from behind and followed him until he reached Malahide Garda station.

‘Collateral attack’

Gardaí, it is claimed, did not take a criminal complaint from the security operative, nor did they take any steps to remove the trespassers from the property.

When the security man returned to the property later that evening, he observed approximately 20 people at the house.

The court also heard that Mr Kennedy has no legal right to be on the property.

It is claimed that following the repossession of the property, Mr Kennedy issued proceedings against Everyday.

Counsel said that this action amounts to a collateral attack on the possession orders obtained in respect of the property.

In addition, counsel said Mr Kennedy has written to parties, including Blackwater and the agent marketing the property for sale.

In his correspondence he made claims about “sovereignty” over the property, demanded that the sales process cease, and that security be removed from the house.

Since the property was reoccupied by Mr Kennedy, counsel said the marketing agents have also been contacted via email from Peopleagainstmortgagefraud@gmail.com.

The email, from a person called Alan, threatened that criminal complaints would be made about the security staff and made demands that Everyday give up its rights to the property.

As a result, Everyday is seeking various orders from the court against Mr Kennedy and all persons in occupation of the property, including an injunction restraining the defendants from trespassing or occupying the house.

Counsel said that a possession order was granted in respect of the property in 2018 to AIB Mortgage Bank.

Repossession was sought over an alleged failure to repay a mortgage in which Mr Kennedy and his estranged wife were the co-borrowers.

The loan was subsequently acquired by Everyday.

No arrangement in respect of the loans was ever made between Mr Kennedy and either AIB or Everyday.

It was accepted that prior to the possession order being executed in June, Mr Kennedy had been living at the property by himself for a number of years, counsel said.

Counsel said the manner in which the property was re-taken by Mr Kennedy, who is well aware of the possession orders made in respect of the house, was “co-ordinated” and his client is taking the matter “very seriously”.

It further seeks an order restraining the defendants from interfering with or obstructing the fund from taking possession of the property.

The matter came before Mr Justice Mark Sanfey on Friday, who granted the applicant permission on an ex-parte basis to serve short notice of the injunction proceedings on Mr Kennedy.

The judge, who agreed that the claims are very serious, made the matter returnable to a date next week.