A debt purchasing firm has been granted an injunction in the High Court preventing the former owner of the house it possessed from re-entering.
Mr Justice Rory Mulcahy said “curated” video footage submitted by Joseph Kennedy showed “rather less” than what he had contended.
Mr Kennedy alleged the CCTV and body camera footage gathered by him and his son David Kennedy proved many of Everyday Finance DAC’s claims were false.
He did not claim to be legally entitled to be in his two-bed house at Brackendown, Portrane, Co Dublin, but submitted Everyday Finance was disentitled to orders restraining his entry because there were lies in one of the affidavits it used.
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Barrister Keith Rooney, for Everyday Finance, submitted on Wednesday that Mr Kennedy’s position was “unstateable” and his client “stands over” the affidavit.
Everyday Finance says it took possession of the house last month following sanction from the court. Its entitlement arose out of its purchase of an AIB mortgage that was taken out by Joseph Kennedy and his estranged wife and which is in default.
On Thursday, Mr Justice Mulcahy said Everyday Finance is “clearly entitled to possession of the property”.
Mr Kennedy’s evidence, including the video, alone would be “more than enough” to show Everyday is entitled to the order, he said.
The judge held that it would be “disproportionate” to refuse Everyday Finance’s injunction on the basis of an “allegedly untrue” affidavit.
He granted the order, in place until the entire case is resolved, restraining the father and son from trespassing upon the property.
The judge directed the firm to filed affidavits explaining certain matters that have arisen as a result of Joseph Kennedy’s claims and video. He adjourned the case to next Wednesday, when he will consider these new documents.
The firm alleges Joseph Kennedy and others re-entered the property earlier this month. There is a significant dispute between the two sides about how this occurred and the events surrounding the re-entry.
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