Developer scores victory in Ormeau Bakery case
Published 13/01/2010 | 14:38
A property development company has scored a major victory in its legal battle over uncompleted contracts for apartments in south Belfast.
In the lead test case taken against buyers who failed to finalise on deals to buy flats at the iconic Ormeau Bakery site, Big Picture Developments was granted a High Court order for ‘specific performance by consent’.
This outcome, confirmed on Monday (January 11) by Mr Justice Deeny ahead of a planned two-day hearing, means the defendant has agreed to honour an agreement to purchase one of the 156 high-specification apartments.
With a counter-claim for the return of a deposit also now struck out, costs of bringing the challenge were awarded to the developer.
The resolution is being seen as potentially highly significant in the wider lawsuit against those who have yet to complete on apartments at the site.
Writs were initially issued last year against more than 20 clients who booked flats at the showpiece south Belfast development. Since then, however, the number of outstanding cases steadily diminished as purchases were pushed through.
Apartments at the Bakery were snapped up when they went on sale in 2007. But plummeting property prices over the last two years have been blamed for the difficulties which led to legal action being undertaken.
Many homes built at the peak of the boom are now worth less than the original selling price, leaving some banks reluctant to agree mortgages. The situation means those unable to find the money for the property they agreed to could lose big deposits or face a claim for the total cost.