The owner of a house in Kilkenny city has brought High Court proceedings alleging unlawful trespassers have demanded a payment of €140,000 for the property.
Adrian Fox has launched the action aimed at taking possession of and gaining access to the property that he claims is unlawfully occupied by several parties.
Mr Fox’s action is against David Walshe, Caroline O’Grady, Mr Walshe’s company Waterford Trans Freight Storage & Warehousing Limited, and other persons unknown in occupation of the property located at Manor Walk, Rose Hill, in Kilkenny.
Mr Fox says the defendants have no right to be at the property.
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However, Mr Walshe allegedly claims he has an “equitable interest” in the property, allegedly being held in trust by a man called Charles Allen.
Mr Fox claims Mr Walshe allows employees and agents of the company, whose registered address is the property in question, reside at the property on a short-term basis.
Represented by Ruaidhri Giblin BL, instructed by GN solicitors, Mr Fox seeks various orders against the defendants, including an injunction granting him possession of the property.
He further seeks orders restraining the defendants from interfering with the property or obstructing any of the plaintiffs’ agents from entering the property to change the locks.
Mr Fox, a garage owner of Kilcullen Road, Naas, Co Kildare, claims that in August he purchased the terraced house in Kilkenny at an auction for €170,000 from Everyday Finance DAC.
Everyday acquired the property in 2019 from a bank-appointed receiver.
The house was the property of another person, who took out a mortgage on the property in 2007. That person is not a party to Mr Fox’s action and no allegations of wrongdoing are made against that individual.
When the property went up for sale, Mr Fox says in a sworn statement to the court, certain allegations were made against parties attempting to auction the house.
They were warned not to sell the property and a demand was made that Mr Walshe be paid €146,000 for his interest in the property.
He claims that Mr Walshe has appeared in videos posted on social media where he purports to provide legal advice on mortgage issues. In one video, it is alleged, he berates people attempting to serve a High Court order, including a bankruptcy official and repeatedly threatens to “kill a dog”.
Mr Fox says the defendants have “no right to be there whatsoever” and have been informed that he is now the owner of the property but they have failed to vacate.
Mr Giblin told the court his client fears that unless he secures orders granting him possession, the property may be damaged and things could turn violent if Mr Fox calls to the house.
The matter came before Mr Justice Mark Sanfey on Friday. The judge, on an ex parte basis, granted the applicant permission to serve short notice of the injunction proceedings on the defendants.
The judge adjourned the matter to a date later this month.
