Galway Bay fm newsroom - A fund-appointed receiver has secured a High Court injunction granting vacant possession of a property in Barna, where a man had allegedly been living rent free for around 3 years.
Receiver Luke Charleton sought the orders against Cormac Cleary, who it was claimed had been unlawfully residing at The Coach House, Barna Demesne, Barna Road, Galway.
The court heard Mr Charleton was appointed as receiver over assets of Mr. John Hughes, including the Barna property, by financial fund Promontoria Aran in 2016.
The fund acquired the former owner's loans in 2015 from Ulster Bank.
The receiver said that Cormac Cleary had no entitlement to be on the property and disputed his claims that he had a lease agreement with Mr. Hughes.
Mr. Cleary rejected the allegation, and claimed to be living there lawfully on foot of a valid tenancy agreement with the property's owner.
His lawyers argued that Mr. Cleary was living at another property owned by Mr. Hughes and was offered the chance to re-locate to The Coach House when this property was sold.
He also argued that any issue in regards to vacant possession of the property should be decided by the Residential Tenancies Board, and the High Court was not entitled to make an injunction order.
In his decision Mr Justice Mark Sanfey said that there was a lack of documentary evidence to support Mr Cleary's claim.
He said that while Mr Cleary had paid for repairs to the property after it was flooded he had not paid any rent since moving into the Barna property in early 2017.
The Judge also found that the High Court had jurisdiction to make the injunction orders sought, but said he was minded to place a stay for a period on his order.
He adjourned the matter for two weeks to allow the sides consider his decision.
