Friday 28 November 2014

McNamara to call 12 witnesses in glass site action

Tim Healy

Published 22/01/2013 | 05:00

BANKRUPT developer Bernard McNamara is seeking to call 12 witnesses from the Department of the Environment for his court action over the controversial €412m purchase in 2006 of the Irish Glass Bottle site at Ringsend, Dublin.

Mr McNamara was declared bankrupt in the UK last year, casting doubt over whether that action, initiated by him and his company Donatex Ltd against the Dublin Docklands Development Authority (DDDA), will proceed to hearing next March.

As a bankrupt, Mr McNamara is not entitled to maintain court proceedings himself, and the UK bankruptcy trustee appointed to administer his estate will tell the Commercial Court next month whether he intends to continue the action on behalf of creditors of Mr McNamara.

Another issue that must also be addressed is whether Donatex Ltd is entitled to continue with the case if the trustee decides not to.

When the case was mentioned yesterday, Gary McCarthy, for Mr McNamara and his company, said if the trial proceeded, it could take four to six weeks. His side had 13 witnesses while the DDDA had 10.

Mr McCarthy said his side's main witness was Mr McNamara, but it was subpoenaing 12 others for the purpose of proving various documents. Brian Kennedy, for the DDDA, said his side had estimated three weeks but it could take longer. The authority, as a public body, had concerns about the costs involved, counsel also said.

While he appreciated it would involve more costs, the judge, Mr Justice Peter Kelly, said he would let the trial date stand until the court heard next month what the trustee's position was.

Irish Independent

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