Tuesday 26 September 2017

Property firm sues the State

Businessman, Jim Kennedy, pictured leaving the Four Courts yesterday after a High Court action. Photo: Collins
Businessman, Jim Kennedy, pictured leaving the Four Courts yesterday after a High Court action. Photo: Collins

Tim Healy

Businessman Jim Kennedy's Jackson Way Properties company is suing the State for damages as a result of a freezing order put on lands in Carrickmines, Co Dublin, over seven years ago.

It is seeking damages from the Criminal Assets Bureau as a result of the freezing order granted to CAB by the High Court in July 2006 in relation to 108 acres.

CAB had taken the proceedings against the company for alleged unjust enrichment as a result of the rezoning of certain land at Carrickmines. In 2010, the High Court heard, it was agreed between the sides that 68 acres of farmland and other small parcels should no longer be covered by the order and the order would only cover the remaining 17.6 acres.

Counsel for JWP, Declan McGrath, told the High Court CAB applied for an order in 2006 it knew it did not need.

His side was seeking disclosure of documents relating to the decision on the freezing order and said the reason why CAB applied for the order in relation to all the lands will be central to the case.

CAB, counsel said, contends that most of the documents are privileged and irrelevant to the claims made.

Mr Justice George Birmingham will give his decision in relation to the discovery of documents next week.

Irish Independent

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