The owners of the Rostrevor Nursing Home have failed in the Circuit Court to stop residents being transferred from the home.
The HSE has taken charge of the Dublin facility having secured a number of temporary District Court orders last week following allegations of mismanagement and serious physical and verbal abuse.
One allows alternative living arrangements to be made for the 23 residents - a decision challenged on appeal today by the nursing home's owners.
The Circuit Court was told they are anxious that residents who have expressed a desire to remain in the home should not be transferred in the short term.
However, Judge Matthew Deery has accepted HIQA's case that the court does not have jurisdiction to overturn a temporary district court order and that there is no right of appeal until the case has been finalised in the lower court.