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Irish Times
5 days ago
- Business
- Irish Times
Developer ‘flatly contradict' claims in row about overheating at €6m Ballsbridge penthouse, court hears
A development company at the centre of a dispute with a businesswoman over alleged overheating in her €6m Ballsbridge, Dublin, penthouse apartment 'flatly contradicts' her claims, the High Court heard. Aideen O'Byrne claims that due to a failure to maintain or repair the district heating system the temperatures in her Lansdowne Place apartment – thought to be the most expensive in Ireland at the time she bought it – have reached 'unbearable' highs of 33 degrees. Temperatures in lobby areas have been recorded to reach 29 degrees, she says. Ms O'Byrne was last week given an interim injunction preventing the developer from transferring its beneficial interest in the buildings and common areas to an owners' management company until problems are resolved. READ MORE The case is against the developer, Copper Bridge C 2015 ICAV, and O'Connor Sutton Cronin and Associates Ltd. That interim injunction application was made ex parte, with only the O'Byrne side represented. The case came back before Mr Justice Brian Cregan on Thursday when Hugh O'Keeffe SC, for Copper Bridge, said his client had a full defence to the merits of this case and had experts who 'flatly contradict' Ms Byrne's claims. 'We spent three years trying to address them without any progress', he said. He was seeking an early trial as his side wanted the matter determined as quickly as possible. Mr O'Keeffe said it was also their case in relation to the substance of the injunction preventing a transfer of interests that the transfer had already happened. It was in accordance with required standards upon the making of a statutory declaration of completion of the development under the Multi Unit Development (MUD) Act, the court heard. The legal interest had previously been transferred and the transfer in accordance with MUD takes place upon completion of the statutory declaration, he said. Gavin Mooney SC, for Ms O'Byrne, said it was curious that the statutory declaration took place on April 3 when his side had already been on inquiry into the matter. Mr Mooney said if he now has to seek to change his application to one of setting aside that transfer of beneficial interest 'then so be it'. He also said he was also seeking to join the Lansdowne Place Owners' Management Company (OMC) as a defendant in the proceedings. While the first application was only against the developer, after 'we did not get very far' his side approached the OMC to see if they would assist, he said. 'But it was not forthcoming and the OMC has now targeted us because we seem to have annoyed them,' he said. Siobhán Gaffney, for the OMC, said her clients first wanted to set out on affidavit their position in relation to Mr Mooney's application, but it was their case that the OMC was now 'being dragged into the proceedings' when it was only responsible for the common areas and the issue in relation to overheating was a structural and engineering matter. Deirdre Ní Fhloinn, for the co-defendant, said they supported the developer's request for an early trial. Mr Justice Cregan said that given the overheating also allegedly affected the common areas and that excess heat was alleged to be coming from pipes and fittings, he was satisfied to join the OMC to the case. Ms O'Byrne would have to amend her papers, he said. Mr Mooney asked he be allowed to do so after a forensic engineer's report was completed. The judge, who continued the terms of the interim injunction, gave directions for exchange of papers and adjourned the matter to next month.
BreakingNews.ie
5 days ago
- General
- BreakingNews.ie
Developer's evidence 'flatly contradicts' claims at the centre of penthouse overheating row
A development company at the centre of a dispute with a businesswoman over alleged overheating in her €6 million Ballsbridge, Dublin, penthouse apartment "flatly contradicts" her claims, the High Court heard. Aideen O'Byrne claims that, due to a failure to maintain or repair the district heating system, temperatures in her Lansdowne Place apartment, thought to be the most expensive in Ireland at the time she bought it, have reached "unbearable" highs of 33 degrees. Temperatures in lobby areas have been recorded to reach 29 degrees, she says. Advertisement Ms O'Byrne was last week given an interim injunction preventing the developer from transferring its beneficial interest in the buildings and common areas to an owners management company until problems are resolved. The case is against the developer, Copper Bridge C 2015 ICAV, and O'Connor Sutton Cronin and Associates Ltd. That application was made ex parte, or with only the O' Byrne side represented. The case returned before Mr Justice Brian Cregan on Thursday, when Hugh O'Keeffe SC, for Copper Bridge, said his client has a full defence to the merits of this case and experts who "flatly contradict" the claims of Ms Byrne. "We spent three years trying to address them without any progress," he said. He was seeking an early trial as his side wanted the matter determined as quickly as possible. Advertisement Counsel said it was also their case in relation to the substance of the injunction preventing a transfer of interests that the transfer had already happened in accordance with required standards upon the making of a statutory declaration of completion of the development under the Multi-Unit Development (MUD) Act. The legal interest had previously been transferred, and the transfer in accordance with MUD takes place upon completion of the statutory declaration, he said. Gavin Mooney SC, for Ms O'Byrne, said it was curious that the statutory declaration took place on April 3rd when his side had already been on inquiry into the matter. Counsel said if he now has to seek to change his application to one of setting aside that transfer of beneficial interest, "then so be it". Advertisement Mr Mooney also said he was also seeking to join the Lansdowne Place Owners' Management Company (OMC) as a defendant in the proceedings. While the first application was only against the developer, after "we did not get very far", his side approached the OMC to see if they would assist, he said. "But it was not forthcoming, and the OMC has now targeted us because we seem to have annoyed them," he said. Siobhán Gaffney BL, for the OMC, said her clients first wanted to set out on affidavit their position in relation to Mr Mooney's application, but it was their case that the OMC was now "being dragged into the proceedings" when it is only responsible for the common areas, and the issue in relation to overheating was a structural and engineering matter. Advertisement Ireland Garda denies 22 counts of perverting course of jus... Read More Deirdre NíFhloinn BL, for the co-defendant, said they supported the developer's request for an early trial. Mr Justice Cregan said that given that the overheating also allegedly affects the common areas and that excess heat is alleged to be coming from pipes and fittings, he was satisfied to join the OMC to the case. Ms O'Byrne would have to amend her papers, he said. Mr Mooney asked that he be allowed to do so after a forensic engineer's report is completed shortly. The judge, who continued the terms of the interim injunction, gave directions for exchange of papers and adjourned the matter to late next month.
BreakingNews.ie
22-05-2025
- Business
- BreakingNews.ie
Woman who bought €6m Dublin penthouse sues over 'unbearable' heating system
A businesswoman who bought a penthouse apartment in Dublin for more than €6 million has claimed in the High Court she has had to endure "unbearable" temperatures of up to 33 degrees Celsius due to an alleged failure to maintain or repair the district heating system. The Lansdowne Place apartment in the Ballsbridge area was marketed as being among "the most expensive in Ireland". Advertisement Aideen O'Byrne is seeking injunctions preventing the developer of the property from transferring its beneficial interest in the Lansdowne Place apartment buildings and common areas to an owners management company until problems are resolved. She has brought the proceedings against the developer, Copper Bridge C 2015 ICAV, and O'Connor Sutton Cronin and Associates Ltd. On Thursday, Mr Justice Brian Cregan granted her an interim order until next week preventing Copper Bridge transferring its interest pending determination of the proceedings. The application was made by Fiona Forde BL, on a one side only represented basis. In an affidavit, Ms O'Byrne said that in 2017 she agreed to pay some €6.5 million off the plans for the penthouse with a construction period of two years. The price was ultimately reduced by €335,000 and she moved in in 2021 and lives there with her husband. Advertisement She said the developer maintained the apartments were of the highest standard and her property was publicised by agents as "thought to be the most expensive apartment sold in Ireland" at the time. However, she said she did not receive full value for the price paid due to issues including the internal temperature frequently making occupation uncomfortable and "occasionally unbearable". An expert report found that during last year's summer of moderate/below average temperatures there was a threshold internal temperature of the apartment of 33.4 degrees, which is well above acceptable temperatures, including those recommended by the World Health Organisation. She said the owners management company was aware of the problem and a report was provided in 2021 showing lobby areas were consistently showing temperatures of 29 degrees. Advertisement The report recommended door-hold open devices, the opening of high level stair ventilators and the operating temperatures of the district heating system were also reduced. Ms O'Byrne said the opening of the automatic vents on her roof garden was both a security risk, visual eyesore and noise nuisance. Certain other recommendations were made to deal with the problem including a shut down of the district heating system between midnight and 5am and insulation improvements to the pipework. The management company said last February, through its solicitor, that a report had been sent to the developer with certain recommendations in relation to heating in the lobby areas and was "in hand". She has not been furnished with it, despite repeated requests, she said. She had brought proceedings in 2022 against the defendants alleging breach of contract, negligence and breach of duty including by failing to repair/maintain the heating system and common areas. She now seeks that the management company be also joined as a defendant. Advertisement She said last April a note was circulated to all residents by the management company rejecting any liability for alleged defects. It said it had been notified of the proposal to join it as a co-defendant but said "if the member persists, the owners management company will incur significant costs for the High Court representation including senior and junior counsel, engineers and architects etc". Ireland Donnybrook village apartment development quashed Read More Ms O'Byrne said this appeared to "comprise an effort to intimidate and isolate me from my fellow residents" and put pressure on her to abandon her requests for an indemnity from the developer in relation to issues with the apartment. In April the developer confirmed the transfer of the legal interest in the common areas to the management company and therefore the only interest remaining was the beneficial interest, she said. Advertisement There was now an urgency to prevent the transfer of that remaining interest as the developer had not given an undertaking not to do so, she said. She said the developer is a special purpose investment vehicle (ICAV) which meant the owners would not have any recourse under company law against it. She has no assurance the developer will exist or have the means to meet her claim once the transfer of the common areas is completed, she said. She also seeks that an indemnity be sought from the developer which she said the management company had said it will not seek.
Irish Times
22-05-2025
- Business
- Irish Times
Purchaser of €6m Ballsbridge penthouse sues over heating system
A businesswoman who bought a penthouse apartment in Ballsbridge, Dublin, for more than €6 million – marketed as 'thought to be the most expensive in Ireland' – has claimed in the High Court she has had to endure 'unbearable' temperatures of up to 33C degrees due to an alleged failure to maintain or repair the district heating system. Aideen O'Byrne is seeking injunctions preventing the developer of the property from transferring its beneficial interest in the Lansdowne Place apartment buildings and common areas to an owners management company until problems are resolved. She has brought the proceedings against the developer, Copper Bridge C 2015 ICAV, and O'Connor Sutton Cronin and Associates Ltd. On Thursday, Mr Justice Brian Cregan granted her an interim order until next week preventing Copper Bridge transferring its interest pending determination of the proceedings. The application was made by Fiona Forde BL, on a one side only represented basis. READ MORE In an affidavit, Ms O'Byrne said that in 2017 she agreed to pay some €6.5 million off the plans for the penthouse with a construction period of two years. The price was ultimately reduced by €335,000 and she moved in 2021 and lives there with her husband. She said the developer maintained the apartments were of the highest standard and her property was publicised by agents as 'thought to be the most expensive apartment sold in Ireland' at the time. However, she said she did not receive full value for the price paid due to issues including the internal temperature frequently making occupation uncomfortable and 'occasionally unbearable'. An expert report found that during last year's summer of moderate/below average temperatures there was a threshold internal temperature of the apartment of 33.4 degrees centigrade which is well above acceptable temperatures including those recommended by the World Health Organisation. She said the owners management company was aware of the problem and a report was provided in 2021 showing lobby areas were consistently showing temperatures of 29 degrees. The report recommended door-hold open devices, the opening of high level stair ventilators and the operating temperatures of the district heating system were also reduced. Ms O'Byrne said the opening of the automatic vents on her roof garden was both a security risk, visual eyesore and noise nuisance. Certain other recommendations were made to deal with the problem including a shut down of the district heating system between midnight and 5am and insulation improvements to the pipework. The management company said last February, through its solicitor, that a report had been sent to the developer with certain recommendations in relation to heating in the lobby areas and was 'in hand'. She has not been furnished with it, despite repeated requests, she said. She had brought proceedings in 2022 against the defendants alleging breach of contract, negligence and breach of duty including by failing to repair/maintain the heating system and common areas. She now seeks that the management company be also joined as a defendant. She said last April a note was circulated to all residents by the management company rejecting any liability for alleged defects. It said it had been notified of the proposal to join it as a co-defendant but said 'if the member persists, the owners management company will incur significant costs for the High Court representation including senior and junior counsel, engineers and architects etc'. Ms O'Byrne said this appeared to 'comprise an effort to intimidate and isolate me from my fellow residents' and put pressure on her to abandon her requests for an indemnity from the developer in relation to issues with the apartment. In April the developer confirmed the transfer of the legal interest in the common areas to the management company and therefore the only interest remaining was the beneficial interest, she said. There was now an urgency to prevent the transfer of that remaining interest as the developer had not given an undertaking not to do so, she said. She said the developer is a special purpose investment vehicle (ICAV) which meant the owners would not have any recourse under company law against it. She has no assurance the developer will exist or have the means to meet her claim once the transfer of the common areas is completed, she said. She also seeks that an indemnity be sought from the developer which she said the management company had said it will not seek.
