A NORTHERN Ireland company must pay damages to a Co Wexford company allegedly involved in the contamination and complete recall of pork products two years ago, the Commercial Court has ruled. The amount of damages will be assessed later this month.
The December 2008 contamination led to the recall of all Irish pig meat products in late 2008, at a cost of more than €180 million.
Mr Justice Peter Kelly ruled yesterday that Millstream Recycling Ltd was entitled to an order striking out the defence of O’Neill Fuels Ltd due to O’Neill’s failure to discover documents in proceedings by Millstream against certain parties over the contamination.
The pork recall was ordered after pig meat on a number of farms was found to have between 80 and 200 times more dioxins than the safety limit. Dioxins such as polychlorinated biphenyls (PCBs) were detected in biscuit feed meal for pigs and cattle.
Millstream, Clohamon Mills, Bunclody, has claimed the PCBs were contained in oil purchased by it for use in the feed manufacturing process.
It has sued Gerard Tierney, Newtown Park Avenue, Blackrock, and his firm, Newtown Lodge Ltd, Fairview, Dublin, alleging they supplied it with defective oil which contaminated feed with dioxins.
Mr Tierney and Newtown have denied the oil supplied to Millstream was defective. Alternatively, they plead, if the oil was contaminated, it was not their fault as, they allege, it was supplied to them by O’Neill Fuels Ltd, Coalisland, Co Tyrone, which was joined as a third party to the case. O’Neill’s had denied any fuel it provided contained dioxins or PCBs.
Yesterday, Stephen Lanigan O’Keeffe, for Millstream, asked Mr Justice Kelly for an order striking out O’Neill’s defence on grounds of its failure to comply with discovery orders. Mr Justice Kelly said Millstream was entitled to such an order. The action will proceed against O’Neill’s on an undefended basis and damages will be assessed on December 21st.
The action against Mr Tierney and Newtown will proceed on March 15th.
