A house price "gazumping" dispute has arisen between Fingal County Council and the purchasers of a house under the local authority's Shared Ownership Scheme, the Circuit Court was told yesterday.
Judge Carroll Moran restrained the council from holding a lottery yesterday afternoon to select an applicant to participate in the scheme.
Mr Hugh Mohan, counsel for Ms Niamh and Mr Aidan Hassett, of New Cabra Road, Phibsboro, Dublin, said his clients had been accepted in November last year for participation in the scheme and had identified a suitable £68,000 house in Hazelwood Avenue, Clonsilla, Dublin.
He said the scheme allowed the Hassetts to enter into ownership of the property with the council for 25 years with an option of purchasing it outright.
The scheme had an upper limit of £65,000 but his clients had paid a deposit of £3,000 to bring the house within the scheme.
The Hassetts believed they had a "sale agreed" transaction when, on April 8th last they learned that the local authority had sought interest in the property from others on the housing waiting list and intended to select a scheme participant by picking a name out of a hat.
Mr Mohan said it was his clients' belief the council had sought an interest in the property from other parties with the clear intention of "gazumping" them.
Judge Moran granted an injunction restraining the council from selecting anybody else for involvement in the scheme and from disposing of it until further determination by the court.