THE resignation in unclear circumstances of developer Bernard McNamara (right) as a director of his company Donatex Ltd has left the company with no directors, the Commercial Court heard.
It now raises issues about its entitlement to maintain legal proceedings against the Dublin Docklands Development Authority (DDDA), the court also heard.
The action by Donatex and Mr McNamara relates to the November 2006 agreement with the DDDA for the €412m purchase of the Irish glass bottle site at Ringsend.
Mr McNamara and Donatex Ltd, Pembroke Road, Ballsbridge, claim the DDDA had no lawful power to enter into the site agreement and was unable to perform its obligations under the deal, therefore frustrating the ability of Mr McNamara and others to develop the site and leading to very substantial losses for them.
The case was before Mr Justice Frank Clarke through an application by the McNamara side for a modular trial, meaning the court would first determine the central issue on whether the DDDA had the legal power to enter into the agreement.
The matter was adjourned until Monday.