Developer fails in challenge to €30m Dublin Bus deal

Developer Liam Carroll has lost his High Court challenge to the awarding of a €30 million contract for a bus interchange in Dublin's city centre.

Mr Justice Peter Charleton ruled yesterday that Dublin Bus followed lawful procedures in the manner in which it awarded the contract.

The challenge was brought by Danninger, an unlimited company with registered offices at Chapel House, Parnell Street, Dublin, to the failure of Dublin Bus to award it the contract for the development at Abbey Street/Strand Street. Mr Carroll is the principle of Danninger.

The construction project incorporates the construction of a bus interchange facility and an overhead development consisting of four or more accommodation levels.

Deepdrill Developments Limited, trading as O'Dwyer Leisure Group and Bennett Construction Limited, had won the contract to develop the site. Dublin Bus argued that the award was made validly and in accordance with European law.

In a 40-page judgment, Mr Justice Charleton said there was nothing on the facts of the case to suggest that the procedure adopted by Bus Átha Cliath did not give all the parties contending for the contract an equal chance to meet the published specifications and offer the highest price.

While the procedure questioned in the proceedings was lawful, it also had the merit of having been circulated to all the parties for their information and of having been applied to them equally, he said.

He dismissed arguments that there was a lack of transparency or an appearance of discriminaton.

Mr Justice Charleton found that no actual prejudice had been suffered by Danninger and noted there was no suggestion of corruption by Dublin Bus or the O'Dwyer group. All the parties to the second round of tendering had had an equal opportunity.