A decision on a proposal to set up a trust fund for 550 Dublin homeowners suing over structural damages to their houses has been adjourned until Thursday January 20th to allow residents who have not yet voted more time to consider the proposal.
The case, which is one of longest running cases to come before the commercial court, arose out of a dispute between housing firm Menolly Homes and Irish Asphalt, part of the Lagan group.
While Menolly has blamed structural defects in houses in four Dublin estates on the presence of pyrite in the houses’ foundation, Irish Asphalt, which supplied the infill, blames faulty construction for the defects.
A settlement was reached by the two companies through mediation last month and without the admission of liability, dependent on the agreement of 85 per cent of the householders.
This latest adjournment will give the remaining householders who have not yet voted on the proposal, a chance to cast their preference. If approved, the proposal will see the creation of a trust fund to carry out repairs to their properties.
Under the settlement householders would get up to €3,000 for new floor coverings, €3,000 for legal costs, €2,000 for alternative accommodation while work was being carried out and €2,000 compensation for inconvenience caused.
Brian O’Moore SC for Menolly Homes said that of the 550 homeowners, 385 had directed their solicitor of their positions. Of that cohort 347 had endorsed the deal while 38 had gone against it. A further 165 homeowners have not yet indicated their position.
He said that, when those who had thus far abstained from voting on the offer were taken into account, 63 per cent of the 550 households had approved the proposal.
He said that he understood from solicitors firms Lavelle Coleman and Arthur Cox which represent a large proportion of the homeowners, that the outstanding residents would like some extra time to consider the proposal, adding that his client had “no objection to a limited period of time, say a week or thereabouts to be provided” to do so.
Mr Justice Gilligan said that the court noted “with disappointment that despite two deadlines being imposed the voting by a number of homeowners has not yet been concluded”.
However, he said that, given the very particular circumstances of the case, the court would afford those homeowners who have not yet voted a further period of consider the proposal, and put the matter in for mention on Thursday January 20th at 11am.
“However, I wish to make it absolutely clear that the court will not be disposed to granting any further extensions of time with regard to this aspect of the settlement process,” Mr Justice Gilligan said.