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Bula Ltd. (In Receivership) v. Tara Mines [2000] IESC 15 (12th May, 2000)
THE
SUPREME COURT
Appeal
No. 1997/110
Morris,
P. Denham J. McGuinness J.
BETWEEN
BULA
LIMITED (IN RECEIVERSHIP), BULA HOLDINGS, THOMAS C. ROCHE
THOMAS
J. ROCHE, RICHARD WOOD AND MICHAEL WYMES
PLAINTIFFS/APPELLANTS
AND
TARA
MINES LIMITED, OUTOKUMPU OY, THOMAS FARRELL,
BRENDAN
HYNES, MICHAEL McCARTHY, SEAN MURRAY,
DAVID
LIBBY, MURROUGH O'BRIEN, YVONNE SCANNELL, HEIKKI SOLIN,
JUHANI
TANILA, JOHN TULLY, RISTO VIRRANKOSKI,
PERTTI
VOUTILAINEN, THE MINISTER FOR ENERGY AND
MICHAEL
O'CONNELL
DEFENDANTS/RESPONDENTS
Ruling
of the Court delivered by Morris P. on the 12th day of May 2000
[*2]
This matter comes before the court by way of Notice of Motion dated the 3rd
June 1999 in which the Applicants seek as a primary relief an Order setting
aside the Order of this Court dated the 15th January 1999 and directing the
rehearing of the appeal the subject of that Order and Judgment.
1. In
addition the Applicants seek an Order that the Court direct that the Defendants
make discovery of specific documents and further information which have been
identified at the hearing which they say are necessary to enable them to make
their case.
2. The
Court has directed that the issue as to the Plaintiff's entitlement to these
documents be considered by the Court as a preliminary issue and this has been
heard over a period of five days.
3. Having
considered the submissions made the Court makes the following ruling:
(1) The
Court refuses the Plaintiff's application for discovery or production of any
further documents by the Defendants. With regard to the submission made by Tara
to the Minister for Industry and Commerce relating to the Minerals Development
Act of 1979 the Court has been informed that Tara are agreeable to make this
available to the Applicants [*3] and it anticipates that this will be done
immediately. A copy of this document should be made available to the Court.
(2) The
Court has heard legal argument as to the issues of waiver and estopple. It has
become clear as legal argument progressed that this issue is intertwined in the
main issues. Consequently, the Court will determine these issues in its
decision on the motion which is listed for hearing on the 29th May 2000.
(3) Nothing
in this ruling is to be taken as a finding that the procedures adopted by the
Applicants in these proceedings are correct or appropriate.
(4) The
reasons for the ruling herein will be addressed in a later Judgment.
© 2000 Irish Supreme Court
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URL: http://www.bailii.org/ie/cases/IESC/2000/15.html
