A lawyer opposing a High Court action over alleged defects in the heating system in a €6 million penthouse apartment has complained about the delay in getting the case to hearing.
The case concerns claims by businesswoman Aideen O’Byrne that the apartment she paid more than €6 million for at Lansdowne Place, Ballsbridge, Dublin 4 has endured temperatures of up to 33 degrees due to an alleged failure to maintain or repair the district heating system.
She first issued proceedings against the developer, Copper Bridge C 2015 ICAV, and against O’Connor Sutton Cronin and Associates Ltd, for alleged breach of contract, negligence and breach of duty, including by failing to repair/maintain the heating system and common areas. The Lansdowne Place apartment owners’ management company was later joined as a third defendant.
On Wednesday, barrister Fiona Forde, for O’Byrne, said her client was to issue an amended statement of claim. She wanted the matter to be case-managed.
Paul Gallagher, counsel for O’Connor Sutton Cronin, said the amended statement was supposed to have been issued a year ago and he had “never encountered” anything like this.
He said his client was concerned that when they receive the amended statement, the nature of the claim might have changed completely. “We have not been told about it until today and it is as though they [the O’Byrne side] don’t know what they are at,” he said.
The proceedings had been issued five years ago, he said, and yet the O’Byrne side “don’t know what claim to make”.
Hugh O’Keeffe, counsel for Copper Bridge, said his side had been looking for the amended statement and wanted the case expedited.
Judge Brian Cregan said he had been minded to have a monthly case-management of the matter because it was clearly of some complexity. Nothing can happen until the amended statement of claim is filed, he said.
He gave directions for the issuing of papers and made the case returnable to the end of April.
Last year, O’Byrne got an interim order preventing the developer from transferring its beneficial interest in the apartment buildings and common areas to the owners’ management company until problems are resolved.
O’Byrne has said, in an affidavit, that in 2017 she agreed to pay some €6.5 million off the plans for the penthouse, with a construction period of two years. The price was ultimately reduced by €335,000, and she moved in in 2021.
She said the developer maintained the apartments were of the highest standard and her property was publicised by agents as “thought to be the most expensive apartment sold in Ireland” at the time.
However, she said she did not receive full value for the price paid due to issues including the internal temperature frequently making occupation uncomfortable and “occasionally unbearable”.
An expert report found that during summer 2024, which was of moderate/below average temperatures, there was a threshold internal temperature in the apartment of 33.4 degrees. That is well above acceptable temperatures, including those recommended by the World Health Organisation.
She said the owners’ management company was aware of the problem, and a report was provided in 2021 showing lobby areas were consistently showing temperatures of 29 degrees.
The report recommended, among other things, “door hold open” devices and the opening of high-level stair ventilators, while the operating temperatures of the district heating system were also reduced.
O’Byrne said the opening of the automatic vents on her roof garden was a security risk, visual eyesore and noise nuisance.
In February 2025, the management company said a report had been sent to the developer with certain recommendations in relation to heating in the lobby areas and was “in hand”.