Judgment reserved on costs in McFeely case against Dublin City Council

Monday 25 February 2013 15.54
Tom McFeely is seeking costs as he won his Supreme Court Case
Tom McFeely is seeking costs as he won his Supreme Court Case

The High Court has reserved judgment on an application for costs by Priory Hall developer Thomas McFeely against Dublin City Council.

The application arises out of Mr McFeely's successful Supreme Court appeal against a decision by the High Court in 2011 that he was in breach of court orders.

Lawyers for Mr McFeely told the court that because the developer had won his Supreme Court appeal he was now seeking the costs of the High Court case from Dublin City Council.

Senior Counsel for Dublin City Council Conleth Bradley said they were opposing the application and would in turn be seeking costs from Mr McFeely.

Mr Bradley also said the City Council would seek to vary an order of the court which had ordered Mr McFeely off the site.

This needed to be done for "practical reasons" as it was being cited as a reason why Mr McFeely could not do certain things.

Mr McFeely was found to be in breach of court orders to carry out repairs at Priory Hall. He was sentenced to jail and fined.

However, the Supreme Court later found he could not have carried out the repairs as he had been ordered to vacate the site.

The Dublin apartment complex was evacuated in October 2011 leaving 256 residents in temporary accommodation.

High Court President Mr Justice Nicholas Kearns will deliver judgment on costs at a later date.