The Supreme Court has overturned a contempt finding against Priory Hall developer Thomas McFeely, setting aside the basis for a three-month prison term and €1 million fine imposed over fire safety works at the Dublin apartment complex.
The appeal concerned only the contempt proceedings. Chief Justice Susan Denham stressed that it did not address the wider question of remedies for residents and owners who had been removed from Priory Hall.
On October 17, 2011, McFeely undertook to carry out an agreed programme of remedial works. Phase 1 was to be completed by November 28, with later phases due by January 31, 2012.
The High Court subsequently decided to monitor progress weekly. However, the Supreme Court found that no agreed weekly targets were incorporated into McFeely’s undertaking or set by a court order.
By November 4 there was a dispute between Dublin City Council and McFeely’s side about the method being used to address problems with the external walls. The Council sought to have McFeely removed from the site and another contractor appointed. The High Court ordered McFeely and his workers off the development and found that he had breached his undertaking.
On November 17 the High Court found him guilty of contempt, ordered his committal to Mountjoy Prison for three months and imposed a €1 million fine.
The Supreme Court held that the finding could not stand. The original Phase 1 deadline was still November 28, and there had been evidence that McFeely retained the capacity to finish the work by then. Once he was ordered off the site on November 4, he could no longer complete the works himself.
The court therefore found there was no factual foundation for contempt. It allowed the appeal without deciding the separate arguments that McFeely had been denied fair procedures during the High Court hearings.