Courts / Ireland / Report
Businessman's challenge against NAMA and IBRC set aside
Summary
The High Court has set aside a previous decision permitting judicial review proceedings brought by a Mayo property developer against the National Asset Management Agency, the Irish Banking Resolution Corporation, and other State parties. Thomas McEvaddy Snr and his company had sought declarations that certain sections of the 2009 NAMA Act were unconstitutional and incompatible with the European Convention on Human Rights. The developer also challenged NAMA's authority to recover loans and alleged wrongdoing by Anglo Irish Bank, including improper placement of legal charges and an undrawn loan facility. Mr Justice Michael Peart concluded that some grounds were filed out of time whilst others lacked substantial factual foundation. The judge held that under the 2009 Act, no liability can attach to NAMA for alleged wrongs by participating institutions, and that claims regarding overcharging on interest could not proceed by judicial review. Claims against State respondents have been adjourned with liberty to re-enter.
Who, what, where, when and why
What: Report matter: Businessman's challenge against NAMA and IBRC set aside. Procedural stage: hearing_or_decision
When:
- February 2014 Hearing Or Sentence
- July 2011 Other
- January 2014 Other
- 1993 and 2008 Other
- 2015-02-06 Publication
Why: This was because it was one that cannot be brought by way of judicial review. CNI source report
Case subjects
Applicant
Outcome: The judge also noted the claims against State respondents have been adjourned generally with liberty to re-enter.
Places mentioned
- By Aodhan O'Faolain The High Court
- High Court
Topics
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