Tuesday 20 March 2018

Handyman's claim 'blocking 350-bed student residence'

(Stock photo)
(Stock photo)

Ray Managh

A handyman has launched an "opportunistic bid to secure a substantial pay-off" and is blocking the development of 350 student bed spaces, a court heard.

Mr Justice Paul McDermott was told that "a handyman" occasionally employed by landlord and businessman John Cantwell had now launched "a groundless claim for adverse possession" of a house within the area of planned redevelopment in Dublin's Brewery Quarter

Barrister Barra McCabe, counsel for Mr Cantwell, said Thomas Malone was alleging he had been in possession of Number 13 Ardee Street, Dublin 8, for more than 30 years.

Mr McCabe said Mr Cantwell had agreed terms of sale of a group of buildings to Summix FRC Developments Limited.

Mr Cantwell said he was prevented from completing the sale, fearful of the legal consequences of the delay Mr Malone's assertions would cause, and the losses he and Summix may face.

Mr Cantwell told the court Mr Malone had unsuccessfully attempted to register No 13 in his own name with the Land Registry and had lodged an objection to Summix's planning application for the three-to-seven storey student apartment block.

He said Mr Malone's late father, also Thomas, who carried out maintenance work for his late wife Noelle Cantwell, had the use of a store at No 13 to keep tools.

But the High Court heard he had always invoiced them from his home address in Bangor Road, Kimmage, Dublin 12.

He also engaged Thomas Malone Junior from time to time but he was always on the site with his permission, he said.

Mr Cantwell said Mr Malone had enormous ability to cause huge financial loss and damage to him and Summix that might never be recoverable.

Mr McCabe is seeking to apply for injunctive reliefs against Mr Malone. The application was made on an ex-parte basis. The case was adjourned until next week.

Irish Independent

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