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ARTICLE · 08 JANUARY 2019

Interplay Between The MUD Act And Insolvent Development Companies

Dillon Eustace
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A recent High Court case, Lee Towers Management Company Limited v Lance Investments Limited & Ors serves as a helpful reminder of the extensive statutory rights now available to both unit owners and owners' management...

IrelandReal Estate and Construction
Kelly O'Hara
Kelly O'Hara
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Lee Towers Management Company Limited v Lance Investments Limited (In Liquidation) & Ors [2018] IEHC 444

A recent High Court case, Lee Towers Management Company Limited v Lance Investments Limited (In Liquidation) & Ors serves as a helpful reminder of the extensive statutory rights now available to both unit owners and owners' management companies under the Multi-Unit Developments Act 2011 (the "MUD Act") to help with the running of multi-unit developments. It also highlights limitations in enforcing such rights against insolvent companies. In this case, the High Court rejected an argument by an owners' management company that the liquidator of an insolvent development company could be compelled to carry out remedial works to the common areas of a multi-unit development ahead of paying the preferential and other creditors of the company.

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