Ballsbridge property owner’s last repayment on €2.3m mortgage was in 2009, court hears

Richard Farrington and wife, Audrey, continue to live in Heystesbury Lane property despite bank obtaining possession order in 2011

21/04/2017
STOCK: The Courts of Criminal Justice on Parkgate St. Dublin
Photograph: Dave Meehan/The Irish Times
The Criminal Courts of Justice Exterior view
CCJ
Judge Shannon said he could not fast-track the case. Photograph: Dave Meehan/The Irish Times

A barrister has told a judge that certain submissions made by a Dublin man trying to save his Ballsbridge home on which he owes €2.3 million were “Trumpian”.

Barrister Michael O’Sullivan, counsel for Bank of Ireland Finance which is bidding to recover a property in Heytesbury Lane, Ballsbridge, Dublin 4 owned by Richard Farrington and his wife, Audrey, told the Circuit Civil Court in Dublin that Mr Farrington’s suggestion that he was still represented by a solicitor was “a red herring”.

Mr Farrington, who claimed there had been 100 court hearings relating to the bank’s order for possession of his family home, continues to live in the Ballsbridge property despite ceasing repayments on his €2.3 million debt, the court was told.

A possession order was obtained against his home in 2011.

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The last €1,463 repayment Farrington and his wife, Audrey, had made on their mortgage was 15 years ago, in November 2009.

Mr O’Sullivan said that when the Dublin 4 property owner was without legal representation, the bank’s legal team had tried its best to assist him.

When Mr Farrington told the court there was a legal company, Michael Nugent Solicitors, still on record for him, Mr O’Sullivan said the firm had not appeared for him in two and a half years, describing the claim as “a complete red herring”.

Judge Geoffrey Shannon directed Mr Farrington to enter a notice of discharge by December 10th relating to Michael Nugent Solicitors after which he would have a right of audience to make full submissions.

The judge said he also had to rule on whether or not barrister Eugenie Ms Houston was entitled to represent Mr Farrington without a solicitor on record.

Judge Shannon, who had already told Ms Houston the court was not aware of any framework whereby counsel in a case could file documents, issue notices of motion or serve documents was told the Court of Appeal had previously told Ms Houston “in no uncertain terms” that she had no right of audience.

In a previous hearing Judge Shannon was told Ms Houston’s submissions were “Alice in Wonderland stuff”.

Mr O’Sullivan told the court that Bank of Ireland Finance had brought an application to the Circuit Court for leave to execute the 2011 judgment 12 months ago and said this was the main matter on which the court had to rule.

Judge Shannon said he could not fast-track the case as he had to follow rules. He said he would seek a date, possibly in February, when matters could be brought to finality.