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NAMA Legal Cases

Dáil Éireann Debate, Thursday - 17 July 2014

Thursday, 17 July 2014

Questions (92)

Michael McGrath

Question:

92. Deputy Michael McGrath asked 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]

View answer

Written answers

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, www.nama.ie.

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 and Bernadette Kelly v- Sammark Property Limited and NALM and NAMA

Injunction requiring NAMA to complete certain works, damages, interest and costs

High Court 2012/13015P

Moira McNamara v- NAMA and 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 and 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 and NALM and 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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