Date set for Priory Hall appeal

The appeal by Dublin City Council against orders requiring it to pay the accommodation and other costs of residents evacuated from the Priory Hall apartment complex has been fixed for hearing before the Supreme Court in April.

The case was mentioned before the Chief Justice, Ms Justice Susan Denham, today who fixed it for hearing on April 24th.

The President of the High Court had last October granted an application of the council for evacuation of the 240 residents over fire safety concerns.

Mr Justice Nicholas Kearns also directed the council to pay the accommodation, storage and rental differential costs incurred by the residents who remain evacuated amid uncertainty about when they may return to their homes.

The council told the court last December it had incurred a bill of about €350,000 at that stage and was concerned about the implication of such orders for the taxpayer and for its role as a fire safety authority.

Lawyers for several groups of Priory Hall residents will oppose the council's appeal.

The issue in the appeal is whether the High Court was entitled to make orders under Section 23 of the Fire Safety Act requiring the Council to pay the accommodation, storage and rent supplement differential costs incurred by residents as a result of their evacuation.

Thomas McFeely, whose Coalport Building Company developed the Priory Hall complex, will not be involved in the council's appeal.

He has brought a separate appeal against a High Court ruling that he breached orders and undertakings requiring him to meet weekly targets for completion of works on the site related to fire safety.

Those works were required to be finally completed on November 28th but, on November 4th the council applied and secured an order requiring Mr McFeely to leave the site on grounds he had breached the works orders.

Following a further application of the council, Mr Justice Kearns found Mr McFeely in contempt of those orders and undertakings and made orders jailing him for three months and imposing a fine of €1 million.

However, Mr McFeely was freed from the Bridewell Garda station the same evening by order of a five judge Supreme Court after his lawyers secured a stay, pending appeal, on the committal and fine orders. The council did not oppose the stay application.