A builder showed "an unwillingness" to solve a flooding problem at the home of a leading accountant, a court ruled yesterday.
Judge Raymond Groarke said in the Circuit Civil Court that the Co Dublin firm of Dwyer Nolan Developments Ltd had failed to comply with the spirit or requirements of undertakings to the court.
Dwyer Nolan Developments and St John of God's Hospital, Stillorgan, Co Dublin, had been successfully sued in the Circuit Court last year by Tom and Anne Grace, of Orpen Green, Stillorgan Grove, Co Dublin.
In April last year Judge Groarke awarded £16,500 damages jointly against both defendants and adjourned an injunction to restrain further nuisance on the grounds the defendants would co-operate on an equal cost basis in remedying the waterlogging of the Graces' spacious rear garden.
Mr Giollaiosa O Lideadha, for Mr and Mrs Grace, said the hospital, from whose lands water drained through the Dwyer Nolan housing site, had spent £20,000 on a drainage scheme to help alleviate the problem but had not fully succeeded.
He said no efforts had been made by Dwyer Nolan Developments to assist in remedying the situation and although matters had improved, his clients' garden was still waterlogged.
Mr Paul Murray, for Dwyer Nolan, said no undertakings had been given to the court by his client and the Circuit Court award had been appealed to the High Court. All matters would be appealed to the High Court.
Judge Groarke granted Mr and Mrs Grace an injunction against only the building firm, restraining it from continuing to cause or permit the water nuisance.
He said the injunction could be discharged by the payment of £9,498.56p to the Graces, the cost of a "stand-alone" remedial scheme within the confines of their garden prepared by their engineer.
Earlier, the court heard that Mr and Mrs Grace had 10 years ago paid an extra £10,000 for their home so they could have an extended rear garden. The extent of flooding in their garden had varied from a pond to a lake.
Mr Grace told the court yesterday he and his family had been unable to use the garden for 10 years and despite numerous attempts to resolve the problem without recourse to the courts, their pleas had been ignored. He had found the building firm's performance "outrageous". Judge Groarke awarded all costs of the injunctive action against Dwyer Nolan Developments and refused stays to facilitate appeals both against the injunction and award of costs.