High Court reporters
An action on behalf of the owners of more than 600 apartments in the luxury Spencer Dock development in Dublin over alleged defects in construction involves a claim for remedial works costing €46 million, the High Court has heard.
The apartment owners, who include actor Colin Farrell, through insurer Lloyd's of London, are suing two former Treasury Holdings companies, now in liquidation, which were connected to the apartment scheme in the Docklands.
The companies are the developers of the apartments, Spencer Dock Development Company Ltd (SDDC) and its subsidiary, Faxgore Ltd, whose original directors included developers Johnny Ronan and Richard Barrett, originally of Treasury Holdings, and businessman Harry Crosbie.
There are three pending actions now before the High Court alleging the defects include significant design and construction issues relating mainly to water ingress due to the quality of windows and doors, and related vents and sealing.
The first action was launched in 2018 by the apartment management company, SDR Property Owners Management Co CLG, against SDDC Ltd and SDDC (No 5) Ltd, as well as against the liquidators of both those companies, David Hughes and Luke Charleton.
The second action, brought in 2019, was in the name of the apartment owners against various contractors and professionals who were involved in the design and construction of the buildings, and relating to the same alleged defects.
SDDC and Faxgore were not joined to those proceedings taken on behalf of the owners. However, in 2021, the High Court granted permission to bring a case against them in circumstances where, because they were both in liquidation, they would have to be sued separately.
The action against the contractors and professionals was before the court for case management on Wednesday when Mr Justice Charles Meenan adjourned it to allow for discussions between representatives in one of the other cases on whether it should be linked and consolidated for the purpose of a hearing.
Declan McGrath SC, for the owners in the case against the contractors and professionals, said his side were claiming the cost of the remedial works required to address the defects was €46 million.
The court heard that, for the purpose of case management, the three sets of proceedings should be dealt with together, but counsel for the management company had yet to get instructions on whether that case should also be linked.
Mr Justice Meenan said the parties were clearly entitled to time to decide whether they supported or opposed consolidation of the proceedings, adjourning the matter to April.