A TRADE union was ordered by the High Court yesterday to repay almost £159,000 because of funds it received in 1985 from Dublin Corporation to restore the Bricklayers' Hall at Cuffe Street, Dublin.
The money should be repaid, said Mr Justice Budd, because when the union was paid it knew the building had already been demolished.
Counsel for the Ancient Guild of Incorporated Brick and Stone Layers and Allied Trades Union claimed his clients faced a bill of over £300,000 after Mr Justice Budd ordered that interest be paid back to 1985.
The guild owned a premises built in 1812. The corporation decided to widen Cuffe Street in 1982. An arbitrator heard evidence in April 1984, and as a result the corporation took only 688 square feet of the 3,500 sq ft site. The guild was to retain 2,800 square feet and receive £244,414.
The plans envisaged storing the granite facade and its reconstruction on the newly aligned side of Cuffe Street. Mr Justice Budd, in his reserved judgment, said there had been a clear implication that the guild intended to remain on the site and reinstate the premises.
It was clear, said the judge, that before December 30th, 1985, (when £244,414 was paid over), most, if not all, of the Bricklayers' Hall had been demolished. When this money was paid over, the corporation was still under the impression the restoration was going to take place.
Mr Justice Budd said it was clear that the guild had not only retained the remnant of the site but had also, after various purchases, assembled a valuable site with potential for a modern office block.
No explanation or justification for this change of plan had been given. The guild's contention was that once the arbitrator was convinced there was a genuine intention to reinstate the hall and the award was made on that basis, then the guild could change its mind and dispose of the site without restoring the facade or hall.
Mr Justice Budd said £136,557 was specifically given for funding the restoration, and because it precluded demolition the conduct of the guild was unjustified. In receiving the enhanced sum of money, the guild was taking an unfair advantage. The money had been paid under a mistake.
In addition to the £136,557, the judge said the corporation was entitled to an extra £22,400 for the site value.