Dunnes Stores boss Margaret Heffernan, has been removed as a defendant and replaced with a company name in High Court proceedings brought by a man who claims building work has interfered with his property in Blackrock, Co Dublin.
Derek O’Shaughnessy, with an address at the Morning Star Hotel, Dublin, claims he owns the property at Redgate 1 and 2, Annaville Avenue.
He has claimed Ms Heffernan and others interfered with his property rights including by the building of a car park for Dunnes.
The alleged interference began, he says, when scaffolding was allegedly unlawfully erected around his Annaville Avenue property from June 25th-July 21st, 2022.
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He also claims a scaffolding firm unlawfully evicted him from his residence with the aid of gardaí and that work on demolishing his former home was carried out without appropriate permission from the council.
On Tuesday Mr O’Shaughnessy agreed Ms Heffernan’s name could be removed as a defendant in the case and substituted with Dunnes Stores Better Value Unlimited Company.
He also agreed five named gardaí from Blackrock and Dundrum stations could be replaced as defendants by the Garda Commissioner. He claims the gardaí wrongfully assisted in evicting him from what was his home.
Last month, Mr O’Shaughnessy was granted interim High Court orders preventing Thomas Corcoran, of scaffolding firm Blackhorse Scaffolding; Frank Curran, chief executive of Dún Laoghaire Rathdown County Council; the five gardaí; and Ms Heffernan from interfering with his property. All defendants deny his claims.
He had applied to Mr Justice Brian Cregan for the orders on an ex-parte basis, which meant only he was in court on that day.
Mr O’Shaughnessy, who is representing himself before the court, returned before Mr Justice Cregan on Tuesday when he said he was “trying to get at the truth” in bringing proceedings.
He said his home had been “bulldozed to a shell” and that Mr Corcoran, who is a scaffolder, was claiming ownership without any proof.
Lawyers for Mr Curran, the gardaí and Ms Heffernan said Mr O’Shaughnessy had brought proceedings against the incorrect defendants and they were seeking that they be amended.
Ms Heffernan’s counsel, Martin Hayden SC, said his client also wanted the entire case struck out against his client as the pleadings showed no cause of action. He also said his client had “no involvement, good, bad or indifferent with the property”.
As well as agreeing to the change of name for Ms Heffernan and the gardaí, Mr O’Shaughnessy agreed that Mr Curran’s name as a defendant could be replaced with Dún Laoghaire Rathdown Co Council.
The judge gave directions for exchange of affidavits between the defendants and Mr O’Shaughnessy and said the case could come back in March.
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