The High Court directed that a pyrite-related damages case brought by Charles Gallagher Limited against Irish Asphalt Limited must not come on for trial until the Supreme Court’s decision in a related appeal is available or the court makes a further order. The case can continue to be prepared for trial in the meantime.
Mr Justice Birmingham gave the direction on 27 April 2012. Irish Asphalt had asked the court to stay the proceedings until the Supreme Court appeal in James Elliot Construction Limited v Irish Asphalt Limited was concluded. Gallagher opposed a stay, arguing that it would delay justice for the company and homeowners living in houses said to be affected by pyrite heave.
Gallagher’s claim concerns two housing developments, Somerton and Carr’s Mill, at Donabate, County Dublin. It alleges that Irish Asphalt supplied infill containing excessive levels of pyrite, and seeks an indemnity for costs, losses, liabilities and claims arising from the supply, including remedial works or compensation. These are claims in the proceedings, not findings made in this judgment.
The judgment records that Gallagher said groundwork was carried out by Joe Miley & Partners (Dublin) Limited, which sourced the infill from Irish Asphalt. Cracking was reported in one Somerton house in October 2008. Gallagher attributed it to pyrite heave and said later testing found problems in some houses. The numbers cited differed: the judgment refers to test results indicating excessive pyrite in 40 of 84 houses, while Gallagher’s counsel said 67 houses were affected.
The judge found that the Supreme Court appeal raised issues relevant to Gallagher’s case and that its decision could significantly affect it, but was unlikely to determine the case outright. He also noted that the proceedings were at an early stage, the defendant’s request for further particulars remained unanswered, and the length of any full stay was uncertain. A stay at that point could last several years. The judge considered that delay could affect homeowners and leave them behind other pyrite cases in the queue.
Balancing those considerations, Mr Justice Birmingham refused to hold the case entirely until the appeal ended. He ordered that it not be brought on for hearing until the Supreme Court determination was available or further order. Preparation is to continue so the case can proceed to trial without significant delay after the Supreme Court proceedings conclude. The judgment does not decide liability or the underlying pyrite allegations.