A legal bar on the sale of retired solicitor Brian O'Donnell's former family home should be lifted, the High Court has ruled.
Two lis pendens – a notice that there is litigation pending on title to a property – were registered on Gorse Hill, Vico Road, Killiney, Co Dublin, on March 3rd last, just after the four adult O'Donnell children had left the property following a failed lengthy court battle.
The notices were registered by Vico Ltd, the Isle of Man sole purpose vehicle set up by the O'Donnell family for the purpose of owning the luxury house.
Because such notices place a question mark over ownership, they effectively prevented the sale of the house by a receiver appointed by Bank of Ireland to recover part of the €71 million owed by Brian O'Donnell and his wife Dr Mary Patricia O Donnell for unpaid loans advanced to them to buy property.
Vexatious
The bank and receiver had asked the court to lift the lis pendens as they were abuse of process and/or frivolous and vexatious and because the issues surrounding Gorse Hill had been fully trashed out in other proceedings.
The application was opposed by Vico who the court heard has been in the control of the four O’Donnell children, Alexandra, Blaise, Bruce and Blake, since July 2012.
From then until December 2012, when the company was struck off the register of companies, the O’Donnell parents were Vico’s directors. The company was later restored to the register with Bruce and Blake as its directors.
Mr Justice Brian McGovern ruled the lis pendens had been registered for the "improper purpose of frustration of the bank and receiver from dealing with the property at Gorse Hill".
He was satisfied the proceedings constituted an abuse of process and Vico, and the O’Donnell children, are prevented from maintaining them on the basis the matters surround Gorse Hill have already been fully dealt with in other hearings.They were also vexatious and offended clearly established case law, he said.
It was clear these proceedings “are part of a wider co-ordinated campaign by the O’Donnell family” to frustrate the bank and receiver from disposing of Gorse Hill, he said.
