The Davy Platform ICAV v O'Sullivan & anor (Approved) [2020] IEHC 273 (02 June 2020)

The Davy Platform ICAV v O'Sullivan & anor (Approved) [2020] IEHC 273 (02 June 2020)

The Applicant is the registered owner of the property per the Land Register, which is conclusive evidence of ownership. The Respondents have no legal entitlement to remain in the property, and any claim of fraud must be pursued against the seller, not the Applicant. Injunctive relief is granted to protect the Applicant's property rights.

Citation
[2020] IEHC 273
Parties
Applicant: The Davy Platform ICAV; First Respondent: Gerard O’Sullivan; Second Respondent: Fiona O’Brien
Jurisdiction
Ireland
Judgment Date
02 June 2020
Procedural Posture
Application for Injunctive Relief / Final Judgment
Outcome
Injunctive relief granted; Respondents ordered to vacate premises; costs awarded against Respondents.
Legal Topics
Trespass, Land Registration, Ownership Disputes, Injunctive Relief, Costs
Property Law Civil Procedure Trespass Land Registration Ownership Disputes Injunctive Relief Costs

Case Brief

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Parties

The Davy Platform ICAV

Applicant

Gerard O’Sullivan

First Respondent

Fiona O’Brien

Second Respondent

Procedural Posture

Application for Injunctive Relief / Final Judgment

Legal Issues

  1. 1 Whether the Applicant is the lawful owner of the Rosebank apartment
  2. 2 Whether the Respondents are trespassers
  3. 3 Whether the Land Register is conclusive evidence of ownership

Ratio Decidendi

The Applicant is the registered owner of the property per the Land Register, which is conclusive evidence of ownership. The Respondents have no legal entitlement to remain in the property, and any claim of fraud must be pursued against the seller, not the Applicant. Injunctive relief is granted to protect the Applicant's property rights.

Court Disposition

Injunctive relief granted; Respondents ordered to vacate premises; costs awarded against Respondents.

Orders

  • Respondents to vacate the Rosebank apartment immediately.
  • Respondents restrained from interfering with Applicant's access or dealing with/damaging the premises.