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Apartment buyers lose case against developer

By Alan Erwin

Published 14/05/2015

Lawyers for the group had defended the action by arguing that contracts were breached when sections of the 117-apartment College Court Central complex were sold off for social housing
Lawyers for the group had defended the action by arguing that contracts were breached when sections of the 117-apartment College Court Central complex were sold off for social housing

Six apartment buyers have lost a High Court battle over failures to complete on deals at a Belfast city centre development.

Lawyers for the group had defended the action by arguing that contracts were breached when sections of the 117-apartment College Court Central complex were sold off for social housing.

During the hearing it was alleged that thieves and drug offenders had been put into the complex. But a judge rejected claims that developer Fernhill Properties Ltd had a duty not to make fundamental alterations to the building's character.

Mr Justice Deeny said: "The defendants were not buying a share in a condominium where they had rights of ownership, as opposed to rights of way, over the rest of the property."

He ruled that the developer was entitled to damages, which would be assessed at a later stage.

In a test case, proceedings were issued against Henry and Ann McCambridge.

Mr Justice Deeny said the vendor was entitled to sell to housing associations and mitigate its losses.

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