Written answers
Thursday, 17 July 2014
Department of Finance
NAMA Legal Cases
Michael McGrath (Cork South Central, Fianna Fail)
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92. To ask the Minister for Finance if he will provide a detailed list of each of the legal cases the National Asset Management Agency is currently a party to; and if he will make a statement on the matter. [32423/14]
Michael Noonan (Limerick City, Fine Gael)
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NAMA has a statutory obligation to report on proceedings commenced by it in each quarter and this information is contained in the published s55 reports from 2010 to date. All s55 reports are available on the NAMA web site, .
NAMA is currently party to a number of proceedings initiated against it and details of these proceedings are as follows:
| Title | Parties to Proceedings | Relief sought against NAMA or NAMA group entity |
|---|---|---|
| Circuit Court 6405/2012 | Liam & Bernadette Kelly v- Sammark Property Limited & NALM & NAMA | Injunction requiring NAMA to complete certain works, damages, interest and costs |
| High Court 2012/13015P | Moira McNamara v- NAMA & NALM | Injunction |
| High Court 2013/1661P | Leona Flynn v. NALM | Declaratory orders |
| High Court 2013/2364P | Tailored Homes (Irl) Limited and Michael Taggart v. IBRC (in liquidation), NALM and Michael McAteer (Statutory Receiver) | Declaratory Orders, Damages for breach of contract and/or breach of duty (including statutory duty) and Order removing Statutory Receiver |
| High Court No 2013/4252P | Patrick McKillen v NAMA | Damages for: (i) alleged breach of privacy; (ii) alleged breach of confidence; and (iii) alleged breach of section 221 of the NAMA Act. |
| United States District Court SDNY 13 CV 09035 | John Flynn Senior, Leona Flynn, John Flynn Junior, Elaine Flynn and 26 others v Irish Bank Resolution Corporation (f/k/a/ Anglo Irish Bank Corporation plc), National Asset Management Agency, Tiarnan O'Mahoney, Arthur Michael Royal Aynsley, KPMG LLP and Brendan McDonagh, Frank Daly and other named NAMA employees | The rescission of loan contracts, the rescission of all personal guarantees and damages. |
| High Court 2013/1008P 2013/1019P | 12 sets of proceedings issued by the following Plaintiffs (Bernard McCarthy, John and Catherine Ryan, Micheal Ryan, Paul O'Brien, Anthony and Victoria Treacy, Joseph Whelan, Robert and Geraldine Ryan, Robert Patrick Ryan, Robert and John Ryan) against various Oceanico Companies, IBRC and NAMA. | Return of deposit monies |
| High Court 2013 No 6907P | Geraldine Grehan v Geoff Carton-Kelly, George Maloney, AIB, Michael McAteer, Paul McCann and NALM | Declaratory Orders |
| Supreme Court of the State of New York 157380/2013 | Geraldine Grehan v. NALM | Stay on the sale by the Sheriff of the City of New York of 19E Centria Building, 18 West 48th Street, New York and Recognition that Geraldine Grehan has an interest in the property. |
| Dublin Circuit Court No 477/2013 | Deborah Dunne -v- Martin Dunne, IBRC Ltd and NALM | Declaratory Orders |
| High Court 2013/6893 P | Marion Frawley v NAMA | Declaratory Orders |
| High Court No 2014/918P | Donall Dooley v NAMA and NALM | Damages for breach of confidentiality |
| High Court - no record number on Motion or Affidavit | William Kavanagh -v- NALM | Directions under POA Act 1996 |
| High Court 2013/14051P | NALM -v- David Cullen, Mary Cullen, Seafield Hotel Limited, Paramount Hotel Limited, Fintan Wallis & Stephen Cullen | Counterclaim against NALM in proceeding brought by NALM |
| High Court 2014/2799P | Carol Morrissey and John Morrisey v NAMA, Capita Asset Services (Ireland) Limited, Minister for Finance, Ireland and the Attorney General. | Breach of constitutional rights in appointment of receivers, damages |
| High Court 2014/99 JR | Thomas McEvaddy Senior and Thomas McEvaddy Developments Limited -v- NAMA, NALM, IBRC (inSL) Eoin Ryan as Receiver, Ireland and the AG. | Various declarations including a declaration NALM is not entitled to rely on the security it acquired from IBRC |
| High Court 2014 3030P | Oliver Caffrey -v- William O'Riordan and Declan McDonald (as receivers of Swinwood Ltd) and NALM. [NALM joined as parties on 8 April 2014] | Damages. |
| High Court 2014 3792P | Anne Coughlan -v- NALM | Damages |
| High Court 2014/3863P | Anne Connolly V. NAMA & NALM & BOI and Terence Connolly | Declaratory Orders |
| High Court No 2014 5261P | Henry A. Crosbie v- NAMA and NALM | Declaratory relief, injunction and damages |
| High Court 2014 No 1125P | Jean Gilson v Slievenaman Developments Ltd, Keel Properties Ltd, Dundalk Town Council, First Trust Bank, NAMA, Terence O'Hanlon, Ciaran O'Hare, William Kennedy, Joe Anderson and Joyce Roderick. | Damages |
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