Latest news with #Clonskeagh
Irish Times
18-07-2025
- Business
- Irish Times
Barrister's standing to bring case for Islamic Cultural Centre must be clarified, judge tells court
A High Court judge has said he wants to be satisfied that a barrister acting in a challenge to a new board of the company running the Islamic Cultural Centre of Ireland has the required status to do so. Mr Justice David Nolan said he was not prepared to hear the case relating to control of the Al Maktoum Foundation CLG, which owns the centre in Clonskeagh, Dublin, until barrister Joseph Sallabi, who says he is in-house counsel for the company, satisfies the court as to his legal standing to bring the case and that he is employed by the foundation company. The judge adjourned the matter to next week for clarification on his standing from the legal services providers' watchdog, the Legal Services Regulatory Authority (LSRA). The dispute arose over what Mr Sallabi told the court was the unlawful appointment of new directors to the foundation company. READ MORE Mr Sallabi brought the case on behalf of Meath-based consultant, Dr Abdel Basset Elsayed, who said he has been a director of the foundation company since 2012 but says the purported appointments of four new directors to the board were invalid and did not follow the requirements of the company's constitution. The new directors, who are notice parties in the case, dispute the claims and argue Dr Elsayed cannot bring the case as he does not have instructions on behalf of the board. There are five notice parties: Ahmad Tahlak, Hesham Abdulla Al Quassim, Khalifa Aldaboos, Mohamed Musabeh Dhahi and Zahid Jami, all of Roebuck Road, Clonskeagh. The court previously heard the mosque and school at the centre have closed and that the matter required an urgent hearing. The case came before Mr Justice Nolan on Friday when Lyndon MacCann SC, for the notice party directors, said his side did not accept Mr Sallabi's claim that he had instructions from the company which has its own law firm who have not given him instructions. Mr Sallabi said their case alleges that there has been fraud in company law in the way in which the only other board member at the time called a meeting, excluding Dr Elsayed, and set up a new board. He said the company was essentially stolen. Mr Justice Nolan said he was concerned about Mr Sallabi's legal standing to bring the case as it is disputed that he was in-house counsel, that he was acting on the instructions of Dr Elsayed alone and would only be able to present the case if he had instructions on behalf of the company. He was concerned about the fact he claimed to be in-house counsel when he had his own business in Dublin and was acting as in-house counsel for another party. He was also concerned that Mr Sallabi said he was paid to act in cash by Dr Elsayed. Mr Sallabi later in the day provided the judge with material which he said showed he received payments for his work which he lodged in his account as coming from the company. However, the judge said he wanted to hear from the LSRA next week and if they said they cannot help, then so be it. He refused Mr Sallabi's request to join the Attorney General to the case in relation to his standing rather than the LSRA as counsel said the LSRA had told him it does not give legal advice. The judge said he would not do so because the Attorney General only acts in the public interest and this was a private interest matter. Mr Sallabi also asked the judge to recuse himself because counsel felt 'you did not handle it fairly and you clearly favour the other side'. The judge gave him liberty to bring a recusal application. When Mr Sallabi said 'full impartiality', the judge said counsel did not understand the issues before the court and it was not the case the court had made any decision. He added he had to be satisfied as to Mr Sallabi's legal standing and from what he had seen made him very worried about his standing. Earlier the judge said while he had been told this case involved fraud he was 'not sure which way the fraud runs and I will wait and see'. He also said he thought Mr Sallabi was 'out of your depth' and his client should consider that he needed some help as he was 'someone so young in practice'.
Irish Times
04-07-2025
- Business
- Irish Times
DCC gives permission for Clonskeagh student housing
Dublin City Council has given the go-ahead to a Bain Capital backed firm to build student housing at the former Smurfit Paper Mills site at Clonskeagh in Dublin 6. The council has granted planning permission to Bain Capital vehicle, Harley Issuer DAC to construct 439 bed spaces across five blocks from one storey to part seven storeys along with 16 residential apartments. The Large Scale Residential Development (LRD) also includes the extension and renovation of 14 existing residential dwellings at Clonskeagh Road. The planning authority has granted planning permission despite opposition from some local residents and River Dodder anglers. READ MORE In the 38 page Council planner's report recommending that planning permission be granted it stated that 'the application site is a vacant brownfield site. The proposed development for Purpose Built Student Accommodation (PBSA) and residential development will make efficient use of this underutilised site.' The planned scheme is 1km northwest of UCD's main campus at Belfield and in lodging the Purpose Built Student Accommodation (PBSA) plans the firm is looking to tap into the lucrative market of student accommodation provision in south Dublin. The 2023/2024 annual report by UCD – the market leader in the south Dublin sector – shows it generated €42.8 million in 'rental income from student residences on campus' in the 12 months to the end of September last. In an objection against the scheme, the Dodder Anglers Association, which represents over 1,300 members, said it is very concerned the proposals 'could damage the biodiversity of River Dodder green/blue corridor and are in breach with Dublin city councils biodiversity action plan as well as the EU habitats direct and water Framework Directive'. However, in the council planner's report, it stated that 'the proposed removal of a proportion of the existing sluice gates in combination with a series of river bed grade control structures will facilitate indigenous fish passage of key species and age classes over a range of flow rates at the existing historical weir'. On behalf of the Eglinton Residents Association, Robin Mandal hit out at what he believes to be 'a proposed gross over-development of this sensitive site'. Mr Mandal told the Council: 'we believe that the proposed development would constitute over-development of the site by virtue of its height, scale, bulk and massing at this sensitive and highly visible and sensitive site on the banks of the River Dodder Mr Mandal said that the former Smurfit Paper Mills site 'has remained vacant and unused for more than 20 years'.
Irish Times
18-06-2025
- Business
- Irish Times
Challenge to Islamic centre board membership change is strongly disputed, court told
A High Court challenge to a change in membership of the board of the company running the Islamic Cultural Centre of Ireland is being strongly disputed, a judge was told. A dispute over control of the Al Maktoum Foundation CLG, which owns the centre in Clonskeagh, Dublin, reached the court last month when Mr Justice Brian Cregan was told it had arisen out of the alleged unlawful appointment of new directors to the foundation company. The court previously heard the mosque and school at the centre have closed. Dr Abdel Basset Elsayed, a Co Meath-based medical consultant who says he has been a director of the company since 2012, brought the challenge claiming the purported appointments of four new directors were invalid and did not follow the requirements of the company's constitution. READ MORE He sought orders from the court requiring the Companies Registration Office (CRO) rectify its register by removing the allegedly unlawfully appointed members and restraining the new directors from performing any duties or representing themselves as directors of the company. The other directors are notice parties in the case. On Wednesday, when the case returned before the court, Lyndon MacCann SC, for the Al Maktoum Foundation, said Dr Elsayed purports to be a director, but counsel said his side says he is not. Counsel said his instructing solicitors 'have at all times' been the solicitors for the company and he was instructed by people who say they are the directors and they will be resisting Dr Elsayed's applications. [ School closed due to dispute over control of Islamic cultural centre in Dublin, court hears ] Mr MacCann said he wanted time to reply to a new application for an injunction seeking to prevent the company from acting pending determination of the dispute. His side was also disputing that Joseph Sallabi BL, who told the court he has a contract as in-house counsel with the Al Maktoum Foundation, was in fact in-house counsel. They were also saying that, even if they accepted Dr Elsayed was a director, which they say he is not, he had called a board meeting without notice to the other directors, counsel said. Mr MacCann said as a lot of his deponents are based in the United Arab Emirates, he would need at least two weeks to put in a response to the latest application. Mr Justice Cregan said it appeared to be a matter of some urgency as the mosque and school are closed. Mr Sallabi agreed it was a matter of some urgency. The judge adjourned the case to next month.
BreakingNews.ie
18-06-2025
- Business
- BreakingNews.ie
Challenge to Islamic centre board strongly disputed, court hears
A High Court challenge to a change in membership of the board of the company running the Islamic Cultural Centre of Ireland is being strongly disputed, a judge has been told. A dispute over control of the Al Maktoum Foundation CLG, which owns the centre in Clonskeagh, Dublin, reached the court last month when Mr Justice Brian Cregan was told it had arisen out of the alleged unlawful appointment of new directors to the foundation company. Advertisement The court previously heard that the mosque and school at the centre have closed. Dr Abdel Basset Elsayed, a Meath-based medical consultant who says he has been a director of the company since 2012, brought the challenge claiming the purported appointments of four new directors was invalid and did not follow the requirements of the company's constitution. He sought orders from the court requiring the Companies Registration Office (CRO) to rectify its register by removing the allegedly unlawfully appointed members and restraining the new directors from performing any duties or representing themselves as directors of the company. The other directors are notice parties in the case. Advertisement On Wednesday, when the case returned before the court, Lyndon MacCann SC, for the Al Maktoum Foundation, said Dr Elsayed purports to be a director, but counsel said his side says he is not. Counsel said his instructing solicitors "have at all times" been the solicitors for the company, and he was instructed by people who say they are the directors, and they will be resisting Dr Elsayed's applications. Mr MacCann said he wanted time to reply to a new application for an injunction seeking to prevent the company from acting pending determination of the dispute. His side was also disputing that Joseph Sallabi BL, who told the court he has a contract as in-house counsel with the Al Maktoum Foundation, was in fact in-house counsel. They were also saying that, even if they accepted Dr Elsayed was a director, which they say he is not, he had called a board meeting without notice to the other directors, counsel said. Advertisement Mr MacCann said as a lot of his deponents are based in the United Arab Emirates, he would need at least two weeks to put in a response to the latest application. Mr Justice Cregan said it appeared to be a matter of some urgency as the mosque and school are closed. Mr Sallabi agreed it was a matter of some urgency. The judge adjourned the case to next month.
Irish Times
17-06-2025
- Business
- Irish Times
Locals oppose development plans for Dublin 6 site
River Dodder anglers and local residents are opposing plans by a Bain Capital backed firm to build student housing at the former Smurfit Paper Mills site at Clonskeagh in Dublin 6. In the planning application lodged with Dublin City Council, Bain Capital vehicle, Harley Issuer DAC is seeking planning permission for the 439 bed spaces across five blocks from one storey to part seven storeys along with 16 residential apartments. The Large Scale Residential Development (LRD) – located 1km northnorthwestCD's main campus at Belfield - also includes–the extension and renovation of 14 existing homes at Clonskeagh Road. In an accompanying planning report by consultants, John Spain, it states that 'the scale of the proposed development is considered to integrate appropriately with its surroundings, whilst introducing increased height'. READ MORE [ Irish universities earned more than €830m from student housing since 2015 Opens in new window ] However, in an objection against the scheme, the Dodder Anglers Association, which represents more than 1,300 members, states that it is very concerned the proposals 'could damage the biodiversity of River Dodder green/blue corridor and are in breach with Dublin city councils biodiversity action plan as well as the EU habitats direct and water Framework Directive'. On behalf of the Eglinton Residents Association, Robin Mandal has hit out at what he believes to be 'a proposed gross over-development of this sensitive site'. Mr Mandal said: 'we believe that the proposed development would constitute over-development of the site by virtue of its height, scale, bulk and massing at this sensitive and highly visible and sensitive site on the banks of the River Dodder Mr Mandal contends that the student scheme's 'impact on the biodiversity and flora and fauna of the riparian setting will be profound, obliterating much of value'. Mr Mandal said that the former Smurfit Paper Mills site 'has remained vacant and unused for more than 20 years'. Chairwoman of the Richview Residents Association, Marion Cashman said: 'There have been seven planning applications on this site over 20 years. The number of units proposed ranged from 130 units in 2005 to the now proposed 440 student bedspaces and 30 residences. Ms Cashman said: 'The current proposal is an overdevelopment of the site and would set an undesirable and unacceptable precedent for this sensitive location on the river Dodder and other such sites.' The market for student accommodation provision in south Dublin is a lucrative one with University College Dublin (UCD) generating €42.8 million in 'rental income from student residences on campus' in the 12 months to the end of September last.
