Monday 23 October 2017

NAMA secures injunction over Traveller trespass

The High Court, Dublin
The High Court, Dublin

Tim Healy

A NAMA-appointed receiver has secured a temporary injunction preventing trespass by a number of Traveller families on land in Tullamore, Co Offaly.

The injunction was sought in the High Court by insolvency practitioner Aiden Murphy who was appointed receiver by NAMA over the Church Hill housing estate.

The receiver says that up to 13 caravans have been parked on part of the estate and some have been there for several weeks. They have no right to be there and have refused to leave, he says.

He claims there has been damage to property and residents have complained about anti-social behaviour and the dumping of rubbish.  The receiver also received a complaint that there was an explosion on the site.

Lawyers for the receiver sought the injunction because the estate's insurers are withdrawing cover due to the alleged ongoing trespass.

The court heard that the insurance will expire on November 7 and the receiver has been unable to obtain new cover.

While many of the properties on the estate have been sold, including s number of houses to a social housing body, the receiver says he has responsibility for parts of estate including the common areas.

The receiver said six caravans arrived on the estate last August. Following discussions all but one left in late September. However two days after leaving more caravans returned.

The injunction granted by the court prevents 16 individuals, and others with notice of the order, from trespassing on the estate, or from interfering with the receiver and his agents.

The injunction was granted on an ex parte (one side only represented) basis by Mr Justice Paul McDermott.

The case comes back next week.

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