High Court warns weekly work targets at apartments must be met

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 warned yesterday.

The days of previous failures in tackling the serious problems at the 187-apartment complex “are over”, weekly works targets must be met and he will personally inspect the premises if any dispute arises, Mr Justice Nicholas Kearns stressed.

Around 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.

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 28, 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 these. After receiving a statement of affairs, the judge agreed to lift the freezing orders.

Businessman Larry O’Mahony, adjudicated as bankrupt last April, is also a respondent to the case but denies any involvement in or responsibility for the problems at the complex.

The court will deal next week with his application to be taken out of the case and to lift orders freezing his accounts.

Many residents, who have been formally evacuated from the complex crowded into the Four Courts to be updated on matters concerning the development.

Conleth Bradley SC, for the 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 the matter be adjourned to allow the works 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 a separate group of some 40 residents, represented by Vincent Martin, of the New Beginnings group, were joined as notice parties to the case.

Mr O’Donnell said it was hard to underestimate the anger and frustration of the residents who were anxious the works be done by parties other than Coalport and Mr McFeely because they had a “complete lack of trust” in them given the nature of previous remedial works.

The council could not commission others to do the works but the residents could be assured the past was the past, the present was “very different” and the court would supervise these works, the judge said.