Written answers

Wednesday, 3 October 2007

8:00 pm

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Question 144: To ask the Tánaiste and Minister for Finance the role of his Department in a legal case (details supplied); if the State is now the defacto owner of property referred to therein; the costs involved in this legal case; if the State will pursue other parties in respect of costs involved; and if he will make a statement on the matter. [21941/07]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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All legal matters relating to the State Property Act, 1954 are dealt with by the Office of the Chief State Solicitor on my behalf.

Between 1986, when the company in question (which owns the property) was struck off the Register of Companies for not submitting annual returns to the Companies Registration Office, and 2006, the property vested in the Minister for Finance under the State Property Act, 1954. In 2006, the company was restored to the Register, on foot of an application by the person residing on the property to the High Court. The property reverted to the company. There are a number of motions pending in the Courts, both from a third party and the Chief State Solicitor's Office — the motion from the latter seeks to remove the State from the proceedings. No determination as to costs has been made as the first of the motions is due to be heard on 8 October 2007. A decision on the question of the State's pursuing other parties for costs will await the outcome of the Courts' deliberations on the motions before them.

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