An elderly Waterford couple has brought High Court proceedings against a well-known businessman who they allege has been intimidating them in a dispute over their family home.
The action has been brought by Dominic and Noeleen Ellickson from Ballinakill, along with their daughter Orna Hoban and son-in-law Fergus Hoban, against Seamus Walsh of Waterford Castle, The Island, Ballinakill.
According to the Irish Examiner, 84 year old Dominic and 75 year old Noeleen Ellickson say Mr Walsh claims to have bought their home from a receiver and reject any assertion that he is entitled to their home.
They also claim, that in recent weeks, the defendant has made several attempts to enter their property, resulting on one occasion in the gardai being called after they say Mr Walsh acted in "an aggressive and intimidating fashion".
Mr and Ms Ellickson allege these actions have left them in fear and concerned for their wellbeing and are seeking an injunction to prevent Mr Walsh intimidating them or interfering with their use of the lands.
In a sworn statement, Mr Ellickson said they owned 10.6 acres of land at Oaklands Ballinakill - 8.3 acres was mortgaged to AIB in 2006 as he intended to develop them. The remaining land, where the family home is located, was not part of the agreement.
The lands surrounding their home were placed in receivership by AIB in 2015, and it is those lands they say that Mr Walsh bought from the receiver.
On October 17 last, Mr Ellickson said he found Mr Walsh attempting to remove the gate from the front entrance of their home.
When approached, he claims Mr Walsh acted in "an aggressive and intimidating fashion" and shouted at Mr Ellickson calling him a trespasser on his property, and drove his car close to where Mr Ellickson was standing.
He also claims that Mr Walsh said he had been in contact with the receiver who apparently wanted the defendant "to acquire the dwelling house".
Mr Ellickson said he and his wife were distressed by the incident. Gardaí were called and Mr Walsh was asked to leave the property, which he eventually did.
Mr Ellickson said that several further attempts were made by Mr Walsh to enter their property.
As a result, the plaintiffs now seek injunctions preventing Mr Walsh from intimidating or threatening them, as well as restraining him from entering on to, or interfering, with their use of the lands.
The matter came before the High Court on a one-side-only represented basis. Ms Justice Leonie Reynolds granted the plaintiffs permission to serve short notice of the proceedings on the defendant and the case was adjourned to later this month.
by Ann O'Loughlin for The Irish Examiner
