16 Mar 2012

The court rejected arguments by counsel for Dublin City Council that the Supreme Court was wrong to put a stay on the three-month sentence imposed by the High Court for failing to remedy defects.

Mr Justice Adrian Hardiman said the Supreme Court granted a stay last November when Dublin City Council’s legal team failed to show up to argue against it.

He said the counsels had failed to show that there was no possible argument against the prison sentence in Mr McFeely’s appeal.

But Mr Justice Hardiman said the Supreme Court appeal should be heard as quickly as possible and both sides have agreed to submit written legal arguments within one week.

Speaking after today’s court case Priory Hall residents confirmed that they are being advised to file for bankruptcy.

Spokesman Graham Ussher said they had all received advice that the new legislation on mortgage default may be their only way out.

He said many residents had mortgages in the region of €250,000 to €300,000.

Dublin City Council is currently paying their rent but will be appealing that obligation in the Supreme Court on 24 April.

Mr Ussher said residents could not pay rent on top of mortgages and unless financial institutions agreed to freeze those repayments then bankruptcy could be the only other option.