Courts / Meath / Report

Developer not entitled to discovery in case over alleged NALM leaks

Date
2019-06-06
Stage
Sentence
Primary locality
Dunboyne
County
Meath

Summary

The High Court has ruled that developer Garrett Kelleher is not entitled to certain categories of discovery in his damages action against National Asset Loan Management Ltd (NALM). Mr Kelleher alleges a breach of confidence and malicious disclosure of his confidential financial information, claims which NALM denies. While NALM accepts that former employee Enda Farrell unlawfully disclosed information, it asserts it is not liable for his actions. In a pre-trial motion, Mr Kelleher sought documents regarding the dissemination of his banking and business affairs by Mr Farrell. Ms Justice Teresa Pilkington declined to compel NALM to provide the material, describing some requests as lacking specificity or constituting a "fishing expedition." The court noted that NALM was already providing certain relevant materials. The ruling references the 2016 sentencing of Enda Farrell, who pleaded guilty to eight counts of unlawfully disclosing information in breach of the 2009 Nama Act between May and July 2012. He received a two-year suspended prison sentence for leaking sensitive data to two investment companies. The court emphasized that none of the charges against Farrell related to Mr Kelleher's affairs. Mr Kelleher's claims are linked to suspicions arising in 2011, including a bid by the Trump organisation for the Chicago Spire project loan, which he alleges was based on leaked confidential material.

Who, what, where, when and why

What: Report matter: Developer not entitled to discovery in case over alleged NALM leaks. Charges or matters: eight counts of unlawfully disclosing information, in breach of the 2009 Nama Act, between May and July 2012. Procedural stage: sentence

When:

Why: In order to advance his claim, Mr Kelleher, in a pre-trial motion, sought a number of categories of documents from NALM, which it refused to furnish. CNI source report

Case subjects

Enda Farrell

Applicant

Charges: eight counts of unlawfully disclosing information, in breach of the 2009 Nama Act, between May and July 2012 (Admitted)

Plea: Guilty

Outcome: In 2016 Mr Farrell received a two year suspended prison sentence for leaking sensitive data to two investment companies.

Places mentioned

Court Venue
  • The High Court
Residence

Topics

Stage Sentence

Related court reports

Read the original CNI report

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