DUBLIN City Council is to sue the bankrupt developer Tom
McFeely and others over what it claims are "defective" apartments at
Priory Hall.
Mr McFeely's company, Coalport, developed the Donaghmede
apartment complex, which was evacuated last year by order of the High Court due
to concerns about fire safety.
More than 250 families had to leave their homes and seek
alternative accommodation.
Ms Justice Elizabeth Dunne, at the High Court, has now
granted the council permission to bring proceedings against Mr McFeely, who is
bankrupt.
Denis McDonald, SC for the council, told the court that
his client had brought an action against both Mr McFeely and several other
parties over what it claims are structurally defective apartments at Priory
Hall.
He said the council had leased some 27 apartments at
Priory Hall and Mr McFeely was the mortgagee of eight of these.
Mr McDonald said that despite the fact that Mr McFeely is
bankrupt, the council still wanted him included in the action that it intends
to bring against eight others because the developer could be found liable by
the court.
Bankrupt
It could also be the case that Mr McFeely may be
successful in his application to have the court's decision to adjudicate him
bankrupt reviewed. That review is due to be heard next month.
The judge, who said the council was making a
"somewhat unusual" application, said she was prepared to grant permission
to bring the action.
The order was granted ex parte (one side only
represented). Neither Mr McFeely nor any legal representative acting on his
behalf were in court.
In July, Mr McFeely was declared bankrupt after a court
rejected his argument that his centre of main business interest was the UK.
He had previously been declared bankrupt in the UK but
decision was subsequently rescinded following a challenge by Theresa
McGuinness, from Rush, Co Dublin, who brought bankruptcy proceedings in Ireland
against Mr McFeely over the failure by one of his companies to pay a court
award of €100,000 to her.
- Tim Healy
Read the article @ The Irish Independent
Posted by BPS Town Planning Consultants
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