FAILURE TO complete emergency remedial works at the Priory Hall apartment complex by the end of next month will be regarded as a breach of court orders, the president of the High Court has said.
The days of previous failures in tackling the serious problems at the 187-apartment complex at Donaghmede “are over”, weekly works targets must be met and he would personally inspect the premises if any dispute arose, Mr Justice Nicholas Kearns stressed yesterday.
About 240 residents remain evacuated from the complex, with many housed in a Dublin hotel in what the judge yesterday described as “a Dunkirk-like situation”. He ordered Dublin City Council to pay the residents’ accommodation and storage costs but said it was impossible to make orders for their subsistence or travel expenses.
Lending institutions should take “due account” of the “unprecedented difficulties” being experienced by the residents as mortgage holders, he urged.
He directed that the High Court must be informed every Friday by the developers and Dublin City Council of the progress of a specified programme of works essential to address serious fire safety concerns at the complex.
Scaffolding has been erected on the site in advance of the work schedule ordered to begin from Monday and to be completed by November 28th, the court heard.
Counsel for developer Tom McFeely, whose Coalport Building Company Ltd developed the complex in 2006, said the works had begun, and sought the lifting of freezing orders on accounts of his clients to facilitate those.
Mr McFeely, despite being advised he had to provide the court yesterday with a statement of affairs, had chosen instead to file a statement of income and outgoings but would file a full statement of affairs by 2pm yesterday, counsel added.
After receiving that statement of affairs, the judge agreed to lift the freezing orders.
Earlier, Mr Justice Kearns thanked the staff and management of Dublin’s Regency Hotel, where many residents are being accommodated, and the National Assets Management Agency for its offer to consider housing residents in its properties. He wanted to particularly thank the residents for their “courageous response”.
Businessman Larry O’Mahony, adjudicated a bankrupt last April, is also a respondent to the case but denies any involvement in or responsibility for the problems at the development. The court will deal next week with his application to be taken out of the case and to lift orders freezing his accounts.
Conleth Bradley SC, for Dublin City Council, said fire safety inspector Donal Casey had inspected the complex where scaffolding had been erected. As the court had ordered works to begin from Monday, the council regarded the scaffolding as a positive sign.
Noting the court’s intention to supervise the works, he asked for the matter to be adjourned to allow the works to get under way.
The council’s housing section was doing its best to meet the residents’ needs, he added.
A group of 34 residents, represented by John O’Donnell SC, and another group of about 40 residents, represented by Vincent Martin of the New Beginnings group, were joined as notice parties.
Teresa McGuinness, who secured an award of damages against Coalport in separate proceedings, said she had not received any money and she wondered about Mr McFeely and Coalport’s ability to look after the Priory Hall residents. Mr Justice Kearns said Ms McGuinness’s case was not a matter before the court.
Lawyers for Ms McGuinness later said they had served legal documents on Mr McFeely as he left court.
