Kerry Hotel where roof partially collapsed in Storm Barra the subject of court proceedings

It is alleged Bank of Ireland gave up its lease of a ground floor unit on health and safety grounds due to the substantial water ingression

The Golf Hotel on Ballybunion’s Main Street ceased trading in around February 2016, and it has been alleged that it has now fallen into a state of disrepair. Picture: Neil Michael.

A disused Co. Kerry hotel whose roof partially collapsed during Storm Barra has been the subject of High Court proceedings seeking building repairs.

The Golf Hotel on Ballybunion’s Main Street ceased trading in around February 2016, and it has been alleged that it has now fallen into a state of disrepair.

The owner of a unit on the building’s ground floor, Adelina Limited, initiated earlier this year a case against the owner of the multi-storey building, Lartigue Enterprises Limited (in receivership) and receiver of the property Ken Tyrrell, of PricewaterhouseCoopers, Spencer Dock, North Wall Quay, Dublin 1.

Adelina, with a registered office at Station Road, Ennis, Co. Clare, seeks damages as well as a mandatory injunction directing remediation and prevention of the alleged serial leaks and ingressions of water affecting a retail unit it owns on the ground floor of the former hotel.

The ground floor unit had allegedly been occupied by Bank of Ireland for more than 30 years until January 2020. It is alleged the bank gave up its lease on health and safety grounds due to the substantial water ingression.

In an affidavit, Adelina’s company director, Arif Lakhani, refers to a March 2021 report from a building surveyor who found there was the potential for structural collapse if immediate action was not taken. A further inspection by the surveyor in October is alleged to have found the impact of the water ingression had “either not changed or in fact deteriorated”, despite alleged assurances from the defendants that remediation works would take place.

Mr Lakhani said in an affidavit prior to the storm that he was concerned for the safety of pedestrians and motorists in the near vicinity of the building.

The defendants have denied Adelina’s claims, including denying the findings of the surveyor’s report. In a defence filed earlier, it was denied that the structural stability of the entire building is questionable as alleged, and denied the premises is uninhabitable and will require complete and extensive refurbishment in the manner claimed. 

The defendants said they intended to offer their own expert evidence at trial as to the level of damage caused and they denied the plaintiff is entitled to any of the relief sought.

In an earlier affidavit, Mr Tyrrell said it is common case that both the plaintiff and the defendant’s properties are in a state of “considerable disrepair” and neither are at present in habitable condition. He noted Lartigue is insolvent and has no funds available to carry out the requested works.

When the case came before the High Court on Friday when only one side was represented, Conor Duff BL, instructed by Ronan Connolly of Connolly O’Neill solicitors, said the situation had “dramatically changed” since his application for short service was refused last week. He said the roof of the building collapsed onto Ballybunion Main Street on December 8th, when Storm Barra was in force, and gardaí had to close down a portion of the street due to the danger posed.

He said his legal team was seeking transcripts of the hearing to consider options, including a possible appeal of the refusal of short service.

Adelina had sought a date for the hearing of its application for a mandatory interlocutory injunction requiring Lartigue or the receiver to carry out repairs to the property in Ballybunion.

Mr Justice Senan Allen noted on Friday that there is no hope of any appeal being heard prior to the motion returning before the High Court on January 21. However, he granted an order for the transcript to be released.