THE HIGH Court has halted, on grounds of delay, an action by a water bottling company alleging its pure water source was contaminated by a mining company when drilling for zinc.
Mr Justice John Hedigan ruled yesterday there was inordinate delay by De Braam Mineral Water Co Ltd, Rathmolyan, Co Meath, in pursuing its claim for damages against BHP World Exploration Incorporated, Priority Drilling Ltd, and against the Minister for Marine and Natural Resources.
He granted the defendants’ application for an order dismissing the case because of the delay by De Braam, made up of two separate periods over a decade, in prosecuting its case.
The alleged contamination occurred in November 1998 when Priority Drilling, acting on the instructions of BHP and under a licence granted by the minister, drilled an exploration borehole for zinc deposits about 30m from the De Braam bottling factory and two wells at Rathmolyan.
Finding with the defendants yesterday, Mr Justice Hedigan said the balance of justice required the court grant an order dismissing De Braam’s claim for want of prosecution, he found. But as the defendants were partly responsible for the delay, he would make no order for costs, meaning both sides will have to pay their own costs.