McNamara wants to call 12 State department witnesses for action

Bankrupt developer Bernard McNamara is seeking to call 12 witnesses from the Department of the Environment for his court action against the Dublin Docklands Development Authority over the controversial €412 million purchase in 2006 of the Irish Glass Bottle site at Ringsend.

As Mr McNamara was declared bankrupt in Britain last year, doubt remains whether that action, initiated by him and his company Donatex Ltd, will proceed to hearing next March.

As a bankrupt, he is not entitled to maintain court proceedings himself. 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. Whether Donatex can continue with the case if the trustee decides not to has also still to be addressed.

When the case was mentioned yesterday, Gary McCarthy SC, for the plaintiffs, said that if the trial proceeded it could take four to six weeks. More clarity would emerge after the DDDA provided its witness statements, counsel said. 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. It was hoped the bankruptcy trustee would give “the green light” for the case to proceed as there would be “enormous difficulty” in Donatex proceeding alone.

Brian Kennedy SC, for the DDDA, said his side, as a public body, had concerns about costs.

Donatex and Mr McNamara allege the DDDA had no lawful power to enter into the November 2006 IGB site agreement and was unable to perform its obligations under the deal, therefore frustrating the development of the site and causing substantial losses for them.