MEATH COUNTY Council is appealing to the Supreme Court against the size of a €4 million damages award by a High Court judge to a developer over “bungling and ineptitude of a high order” by the council in granting an effectively unworkable contract in 2006 for a development at Ashbourne.
After being told yesterday the council is not appealing his findings that it is liable to Darlington Properties Ltd but is appealing against the size of the €4 million damages award, contending it should be some €2.2 million, Mr Justice Peter Kelly directed the council to pay the company €2.2 million within seven days.
Mr Justice Kelly earlier this week ruled the council, following an “extraordinary tale of error after error” by it, was guilty of negligent misrepresentation and breach of duty of care to Darlington, in receivership, in relation to a contract of May 2006 for purchase and development of a council-owned site at Ashbourne.
He found the council negligently misrepresented to Darlington that a distributor road linking the site to Ashbourne Town Centre – which road was vital to Darlington’s development – would be built when the council should have known construction of that road was impossible due to the nature of a permission granted by the council itself for an adjoining development.
The council’s decision since then to “defend the indefensible” was “not impressive” and led to the €4 million judgment against it, plus costs of a three-day trial at the Commercial Court, which had “all to be borne by the public purse”, the judge said.
Mr Justice Kelly said the council was also to pay interest on the difference between the €2.2 million sum and whatever amount the Supreme Court decided was appropriate. The judge added that the council should take steps to speedily lodge the appeal papers.