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Time to quit luxury hotel, judge tells flood-hit mum

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19/2/2013
(Center) Ann Marie Glennon Cully, of St. John's Road, Sandymount, Dublin leaving court yesterday(Tues) - with her daughter, Zara (left) and son, Zane (Right), after a High Court hearing.Pic: Collins Courts

19/2/2013 (Center) Ann Marie Glennon Cully, of St. John's Road, Sandymount, Dublin leaving court yesterday(Tues) - with her daughter, Zara (left) and son, Zane (Right), after a High Court hearing.Pic: Collins Courts

19/2/2013 (Center) Ann Marie Glennon Cully, of St. John's Road, Sandymount, Dublin leaving court yesterday(Tues) - with her daughter, Zara (left) and son, Zane (Right), after a High Court hearing.Pic: Collins Courts

A FAMILY cannot continue to stay indefinitely in "extraordinarily expensive" accommodation in Dublin's five-star Four Seasons Hotel until their flood-damaged home is repaired, a judge has said.

Ann Marie Glennon Cully and her children Zane and Zara might consider "reducing their standard of living" to "more modest accommodation", Mr Justice Peter Kelly said in the High Court.

He described as "very reasonable" an offer by insurer AXA to pay €645,000 towards reinstating their "effectively derelict" home at Victoria House, St John's Road, Sandymount, Dublin, and funding alternative accommodation until works were complete.

AXA's offer also gave an option of seeking additional payments should the works cost more, and, while he could not compel them to accept it,"I would not look a gift horse in the mouth".

The family, whose home was first flood-damaged in late 2009 and who moved into the hotel in October 2011, are adults who "have to behave sensibly" and it was up to them to get on with the repairs, he said.

 

Damage

The family could also not reasonably expect to be accommodated in the Four Seasons for "a seemingly never-ending period". There was "no reasonable basis" for criticising AXA, as it had tried to sensibly resolve the claim, he said.

He made the comments when refusing the family's application for certain orders against AXA Insurance Ltd pending a full hearing of their action arising from the flood damage in late 2009 and autumn 2011. The family applied last week for injunctions requiring AXA to pay them an interim €100,000 to meet payments, including for another six months at the hotel.

AXA offered a lump sum of €645,000 after claiming Ann Marie Glennon Cully was "impossible" to deal with and should organise the remediation works herself. While it was initially indicated the family were likely to accept that offer, it did not happen.

Refusing to order AXA to pay the €645,000 offer into court, Mr Justice Kelly said money was available now to the family should they choose to accept it and the court could not be a "project manager" for repairs.

He also refused to order AXA to pay €50,000 legal costs of the family or continue to insure the property.

hnews@herald.ie


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