The High Court has directed that a waste management contractor be engaged to remediate the Site by the end of 2012, with contract terms to be sought by 20 December 2011. In a ruling delivered on 1 December 2011, Mr Justice Clarke also directed that judgment be entered against Liam O’Rua for €6,336.50, representing 5% of South Dublin County Council’s claimed cleanup expenditure.
The ruling dealt with the form of orders following an earlier judgment, John Ronan and Sons & Anor v Clean Build Ltd (in voluntary liquidation) & Ors [2011] IEHC 350. That earlier judgment found no blame attributable to John Ronan and Sons, but said the company had residual responsibility as owner and holder of the waste after the Clean Build lease ended.
The court said the primary responsibility for remediation rested with Laurence Mullin, John Charles Farrell, James Redmond and Liam O’Rua, in proportions set out in the earlier judgment. The parties were to pay for licensed and appropriately qualified waste professionals to carry out the work under the revised MEL report; they were not ordered to perform it themselves. Each party with a possible contribution responsibility was directed to seek engagement terms by 20 December 2011. The contractor agreement was to be executed within two months of the ruling.
The judge said a party claiming financial inability to enter a contract had to file a detailed affidavit by 15 December 2011. The court said contributions would still be expected to the extent the party could pay. If the named parties failed to secure a contract, John Ronan and Sons would act as guarantor, with an order over against the respondents for any shortfall. The court did not quantify the overall remediation costs because no final figure had been submitted.
On South Dublin County Council’s separate recovery claim, the court said it could recover 5% of the €126,730 claimed from Mr O’Rua and directed judgment for €6,336.50. The council could not recover from Gary Roe because there was no finding of fault against him. A claim against John Ronan and Sons was left for a full plenary hearing if the council wished to pursue it.
The court rejected John Ronan and Sons’ application to recover €144,301 it had spent on remediation under the Waste Management Acts. The judge said the company might pursue other private law remedies, such as under the lease guarantee or in nuisance. Costs were left for a later hearing.