A company has claimed before the High Court that the proposed €9 million sale of its interest in a five-storey premises in Dublin has been put at risk due to a dispute with the building’s property management firm.
The claim has been made by Distillery Commercial Limited, which holds a long-term lease in respect of the property known as Block C, Crosbie’s Yard, Ossory Road in East Wall, Dublin 3.
Distillery Commercial claims that it has carried out works on two floors of the building, in order to convert what had been designated as office space into eight residential apartments.
It claims that the completion of those works is being held up by the actions of Newcomen Bridge Company Limited, which is the building’s management company.
The two parties, the High Court heard, are involved in a legal dispute where the management company has sued Distillery Commercial claiming over €200,000 in services charges, plus continuing arrears.
Distillery Commercial denies that allegation.
Distillery Commercial says it commenced the conversion works some years ago and that those works have resulted in further difficulties between the parties.
Distillery Commercial, which required the management company’s consent to carry out the works, claims that it has made painstaking efforts to comply with all of the conditions sought by Newcomen Bridge.
Distillery Commercial claims that the works cannot be finalised due to a difficulty over the proposed installation of fire safety measures known as Automatic Opening Vents (AOVs) on the building’s roof.
Distillery Commercial claims that it believed it had consent to install the AOVs and to remove two sets of cross doors on each of the floors being converted.
It claims that the management company has “unreasonably” refused to approve those final works, which have been under consideration for over a year.
Distillery says it has tried to engage with the management company to resolve the issues between them.
No agreement has been reached, Distillery Commercial claims.
Distillery Commercial also claims that the management company has refused to furnish it with documentation it needs to sell its interest in the building.
It says it has a deal in place for the sale to a third party for €9 million.
The refusal to furnish the material is having a serious impact on Distillery, it says. It claims that the proposed sale is at risk, and it cannot rent out the newly converted apartments due to the management company’s “unreasonable” stance.
This, it is claimed, is causing financial problems for Distillery Commercial,
The court heard that Distillery Commercial says its lawyers has given an undertaking to Newcomen Bridge that it would retain the amount of the service charges claimed until the finalisation of the proceedings.
Represented by barrister Donnchadh McCarthy, Distillery Commercial seeks orders including an injunction restraining Newcomen Bridge from interfering with it carrying out the remaining works required to convert the two floors into residential units.
It also wants the court to direct Newcomen Bridge to provide Distillery with the documentation it requires to allow it to sell its interest in the building.
If granted, the orders would remain in place pending the full hearing of the dispute.
The case came before Mr Justice Mark Heslin during Thursday’s vacation sitting of the High Court.
The judge, who noted that the matter came before him on an ex parte basis, adjourned the injunction application to a date in early October.
The judge also made directions for the exchange of documents in the case.
