A COUPLE who were evicted from their south Dublin home a year ago have won an appeal against a court order appointing a receiver over rents from five apartments they own.
Retired accountant Brendan Kelly and his wife Asta were evicted in April last year from their home at St Matthias Wood, Killiney, in relation to debts owed to now-liquidated IBRC.
The couple were landlords of five apartments at The Waterside, Charlotte Quay, Grand Canal Dock, Dublin, on which €30,000 in management fees is now allegedly outstanding.
In June 2011, the apartment managers, Waterside Management Co Ltd, obtained a Circuit Court judgment against them for €9,684 it claimed was due in service charges in relation to those flats for which the couple had been receiving rents.
The debt was not paid and, last December, the Circuit Court appointed Waterside's managing agent, Margaret Ryan, as receiver over the rents.
Last month, the couple, whose address was earlier given as Simmonscourt Castle, Ballsbridge, Dublin, appealed and yesterday the High Court overturned the Circuit Court order.
Mr Justice Nicholas Kearns ruled the appointment of a receiver was confined to cases where a debtor had an interest in the property concerned.
He said it would appear the management company had not exhausted "all reasonably available avenues at law" in seeking to execute the judgment. While there had been difficulties contacting the Kellys, there were now no such problems.
The Kellys argued appointing Ms Ryan as receiver was such as to render her as landlord, entailing certain statutory duties, which she showed no intention or ability to perform.
The management company argued the appointment was reasonable in circumstances where there had been difficulties in locating the Kellys to serve proceedings.