Legal action by Longboat Quay apartments' management company admitted to the fast-track commercial division of the High Court
Published 09/11/2015 | 16:36
A LEGAL action by the management company of the Longboat Quay apartments in Dublin over liability for funding of €3.5m in fire safety works at the complex has been admitted to the fast-track commercial division of the High Court.
The Longboat Quay Management Company is suing the Dublin Docklands Development Authority (DDDA) and a Bernard McNamara company, Gendsong Ltd, which built the apartments and which is now in receivership.
The case is also against Declan Taite and Anne O'Dwyer who were appointed receivers over some of Gendsong's assets, comprising 15 apartments in Longboat Quay.
More than 600 residents of the complex's 298 apartments are affected by fire safety notices which empower Dublin Fire Brigade to evacuate it should it be considered necessary.
The complex was developed in 2006 by Gendsong.
Among the management company's claims is that the DDDA was obliged, under a December 2004 agreement, to ensure works at the complex were completed in a manner that left it reasonably fit for immediate occupation. It is alleged the DDDA failed to do that.
It is also alleged both the DDDA and Gendsong are obliged to indemnify the management company for all costs, losses, and claims resulting from defects in the design, construction or certification of the development.
Last month, an application by the management company to transfer the case to the Commercial Court list was adjourned to facilitate discussions between the parties.
When it came back before Mr Justice Brian McGovern Monday (Nov 9), Rossa Fanning for the receiver, applied for it to be admitted to the commercial list on consent between the parties.
There was no appearance on behalf of Gendsong, the court heard.
The judge admitted the case to the list and adjourned it to next February.