Dublin City Council has asked the Supreme Court for an urgent hearing of its appeal against court orders requiring it to pay accommodation and other costs of about 240 residents evacuated from the Priory Hall apartment complex in Dublin because of fire safety concerns.
The residents have been evacuated since mid-October following an application to the High Court by the council and it has incurred costs of about €350,000 as a result of the court orders to meet their costs, Conleth Bradley SC, for the council, said today.
The council was concerned at the implications of the orders for the taxpayer and for its role as a fire authority and wanted an urgent hearing of its appeal, he added.
Lawyers representing about 125 residents said they were very concerned about what is to happen to their clients in circumstances where developer Thomas McFeely had been ordered off the site over breach of court orders and amid continuing uncertainty as to when fire safety works will be done and by whom.
The Chief Justice, Ms Justice Susan Denham, said lawyers for the residents could make submissions on the appeal and she made directions for the filing of legal documents and adjourned the matter for further mention to next month.
Mr McFeely will not be involved in the council's appeal but he has brought separate appeals against the High Court's finding of November 4th last that he had 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 the application of the council on November 4th, the High Court ordered Mr McFeely off site after finding he had breached the orders.
Last week, again on the application of the council, the President of the High Court, Mr Justice Nicholas Kearns, found Mr McFeely in contempt of those orders and undertakings and made orders jailing him for three months and imposing a fine of €1m.
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.
