A Co Kildare man had completed the demolition of his brother's home despite an order from the High Court, Mr Justice John Hedigan was told yesterday.
Niall Cavanagh, counsel for Patrick Casey, of Maynooth Road, Prosperous, Co Kildare, said Mr Justice Frank Clarke had granted an interim injunction restraining Peter Casey, Patrick's brother, from demolishing the house.
Mr Cavanagh said that although the house had been partly demolished when the court order was granted on Friday last, notice of the injunction had been given to Peter Casey shortly after noon on Friday.
He had nevertheless continued with the demolition in defiance of the High Court order and the house where his brother lived had been tumbled to foundation level.
Mr Cavanagh said Patrick Casey was now homeless and was living with his sister Geraldine Redican at Derrinturn, Carbury, Co Kildare.
Patrick Casey would be seeking restoration of the house.
Liam Moloney, a Naas solicitor who appeared for Peter Casey, said he had only just received instructions in the matter and would require time to prepare replying affidavits for the court.
He said his client would say he had not received notice of the High Court injunction until 6pm on Friday, by which time the house had been demolished.
Ms Redican told the court her brothers Patrick and Peter Casey had lived in the Kildare County Council house as tenants until 2001, when Peter Casey had bought out the council's interest.
At that time he had undertaken to allow Patrick Casey to live in the house and pay him €100,000 from any future sale.
Peter Casey had moved out of the house in July 2005 and had made an application for planning permission to develop it.
After permission had been granted, the house had been unsuccessfully placed on the market.
Ms Redican said that in breach of several agreements, Peter Casey had started demolition of the house, despite her brother residing there.
Mr Justice Hedigan said the court took a very serious view of anyone failing to comply with its orders and told the brothers, both of whom were in court, that he would adjourn the matter until next Monday by which time the court would require a full explanation of what had happened last weekend.