Filmmaker's Supreme Court appeal over home that 'disappeared' is dismissed
The Supreme Court has struck out an appeal over a €46,000 valuation placed on a man's Tory Island holiday home that "disappeared" while he was abroad over a number of years.
Film maker Neville Presho, from Holywood, Co Down, secured the valuation from the High Court in 2009, plus the costs of his lengthy legal battle over the destruction of his house on the island off the Co Donegal coast.
He had sued an adjoining hotel, alleging trespass and physical damage to the 19th-century stone house after it was gradually destroyed while he was living in New Zealand between 1988 and 1994.
In his case against Ostán Thoraigh Comhlacht Teoranta and its owner Patrick Doohan, he claimed that after he returned home in 1994, he found a car park for the hotel in the place where his house once stood.
After he won in the High Court in 2009, both defendants brought appeals against that court's ruling.
When the matter came before the Supreme Court yesterday, it heard Mr Doohan, who was not in court, had stated he was not proceeding with his appeal. The appeal by Ostán Thoraigh Comhlacht Teoranta had been withdrawn last November.
In those circumstances, the court struck out Mr Doohan's appeal and affirmed the High Court orders. In its July 2009 judgment, the High Court held Mr Presho was entitled to a new house or its equivalent market value.