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.
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He had previously been declared bankrupt in the UK but decision was subsequently rescinded following a challenge by Theresa McGuinness, from Rush, Co Dublin, who brought bankruptcy proceedings in Ireland against Mr McFeely over the failure by one of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