Courts / Dublin / Report

Legal notice has 'paralysed' development plans, High Court told

Date
2021-05-20

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

Mr Justice David Barniville admitted a dispute between builder Johnny O'Loughlin and Mount Pleasant Development Ltd (MPD) against Michael Moran and his associated companies to the fast-track Commercial Court list. The applicants seek declarations that they hold interests in three Dublin development sites—Glebe House in Crumlin, Annesley House in Rathmines, and the former Europa Motors site in Blackrock—and that the defendants hold these properties in trust. They also claim damages for alleged breach of contract and intentional interference with economic interests. The defendants deny these claims. Counsel for the defendants, Gary McCarthy SC, argued for the commercial listing, stating that a registered lis pendens has paralysed development plans. He noted that the lis pendens is preventing the completion of sales for five units at Annesley Gardens, valued at €7.36m, and is blocking further finance for the site. It also halts a proposed joint venture for over 150 apartments in Crumlin and a forward sale of the Blackrock site, which is intended for 100 apartments. The applicants, represented by Andrew Walker BL, consented to the application. The court will return later this year for further proceedings.