A HIGH Court judge will rule on Monday on an injunction application by a number of Co Wexford holiday home owners, including Irish rugby captain Brian O’Driscoll, aimed at having water restored to their properties following a row over management fees.
O’Driscoll is one of a number of owners of 60 houses which are part of the Seafield Demesne Hotel and Golf development in Ballymoney.
The owners of 33 of the houses, including Mr O’Driscoll, are seeking a High Court order requiring Seafield Demesne Management (SDM) Ltd to restore their water supply allegedly cut off in March.
They also want an injunction restraining interference with sewage services although SDM’s lawyer has assured the court this service has not, and will not, be cut.
The owners say SDM has failed to justify the service charge amount. The owners have lodged some €207,000 in their solicitor’s account which they are prepared to pay if they lose the main case over the disputed charges, the court heard.
SDM says it is owed €335,000 in charges for services which it has continued to provide over a four-year period. This sum roughly matches the amount which one of its directors, David Cullen, has had to lend to the company so that it may continue in business, SDM says.
Mr Justice Kevin Feeney, who said yesterday he would give his decision on Monday, has suggested mediation over the matter and also urged the parties to put the €207,000 held in the owners’ solicitors account into a joint account held by both parties.