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O'Donnells allowed to stay in Gorse Hill until 15 April decisionTuesday 24 March 2015 20.23 Solicitor Brian O'Donnell and his wife Mary Patricia are allowed to remain in the former family home in Dublin until 15 April. It comes after a court said it would not give its decision on Mr O'Donnell's latest legal challenge until that date. Ms Justice Mary Finlay-Geoghegan, presiding at the three-judge Court of Appeal, said the court would not be in a position to give its decision before the end of this week as there were a number of "serious issues" to be considered. She said as the court would now give its judgment on 15 April, it was extending until that date a stay already granted to Mr O'Donnell and his wife halting a receiver taking over the house, Gorse Hill, Vico Road, Killiney. The stay was first granted a week-and-a-half ago pending determination of the couple's appeal of a High Court decision that they were trespassing. The case was back before the appeal court to hear submissions from Bank of Ireland, which appointed the receiver in pursuit of a €71.5m debt against the O'Donnells, and from Mr O'Donnell who is representing himself and his wife. Mr O'Donnell had claimed the receiver was not validly appointed and that a seal on documentation relating to that appointment was not valid because it was not done by the appropriate Bank of Ireland officer. Cian Ferriter SC, for the bank, said as recently as last Thursday, in a judgment on a separate case, the Supreme Court had found there was "no merit or substance in these technical points" which was exactly what Mr O'Donnell was seeking to raise. He said that Mr O'Donnell's claim that the only person entitled to authorise the seal on the document was a specified officer was incorrect as it was clear from the bank's by-laws that it could be done by a deputy to the secretary of the bank or an assistant secretary which was the case here. Under the Central Bank Act, Bank of Ireland was entitled to make whatever by-laws it saw fit, counsel said. Asked by Ms Justice Finlay-Geoghegan about certain words under the seal which she said she was unable to make out, Mr Ferriter said the words were: "Good Faith is the Stability of the State". In reply, Mr O'Donnell said the Bank of Ireland is governed by an Act of parliament dating back to 1783 and the charter setting it up. The by-laws derive from that charter and the seal referred to in the by-laws ordain that the seal shall be "carefully kept", under three locks and three keys, by the governor of the bank, the chairman and directors as assigned from time to time by the board of the bank, he said. While there were references in the charter about oaths of loyalty to the Queen and preventing the "advance of Popery", the charter still applies from which the by-laws come, he said. Mr O'Donnell said that the Companies Acts of Ireland only "partially apply" to the Bank of Ireland and "everything else is a la carte" but it still has to operate the seal in the correct fashion. He said that it was their case that the person who executed the seal was not the secretary and the seal was therefore void. The bank had also not provided any evidence to show the person named in the document had to authority to execute it, he said. Mr O'Donnell said while they were not disputing the case law referred to by Mr Ferriter, they were saying that some of the references made in last week's Supreme Court ruling were "by the way" (obiter) remarks.
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Síneadh ama do mhuintir O'Donnell fanacht sa teachDé Máirt 24 Márta 2015 19.05 Tá cead tugtha don aturnae Brian O'Donnell agus dá bhean chéile fanacht i dteach i gCill Iníon Léinín i gContae Bhaile Átha Cliath go dtí an 15ú lá d'Aibreán. Dúirt an Chúirt Achomhairc inniu nach ndéanfaí cinneadh faoin gcás go dtí an dáta sin. Tá Brian O'Donnell ag déanamh achomharc ar urghaire trespasála a ceadaíodh do Bhanc na hÉireann ar an teach i gCill Iníon Léinín. Tá fiacha de bhreis is €70m amuigh ar mhuintir O'Donnell le Banc na hÉireann.