KILKENNY:A scrap metal company has sued Kilkenny County Council over allegedly costing it hundreds of thousands of euro through allegedly wrongly classifying its product as hazardous waste.
Michael McDowell SC, for Midland Scrap Metal, said the claim for damages arose out of a 2005 dispute between the company and the council over the export of sheer scrap metal waste to Spain.
Company operators Con and Anthony Ward had been engaged in the scrap metal business in Ireland for upwards of 40 years.
Midland entered into an agreement with the Stafford company for use of its port facilities at New Ross, and between April 13th and October 10th, it shipped 9,525 metric tons of scrap to Spain.
In a preliminary application, Patrick Butler SC, for the council, has asked the court to rule whether public bodies have a statutory immunity from such damages claims in the absence of a high degree of malice or recklessness on their part being proven.
Mr Justice William Hanna will continue hearing the application today .
