Company wants to re-enter settled Haulbowline clean-up case
An application is to be made to re-enter in the Commercial Court a dispute over alleged breaches of agreements to clear contaminated materials from the former Irish Steel plant site in Cork.
However, the application by Louis J O'Regan Ltd, Staffordshire, England, is being opposed by Hammond Lane Metal Co Ltd which says re-entering is impermissible under law because the case was settled in the Commercial Court over seven years ago.
That case concerned Louis J O'Regan's action seeking some €114m damages against three companies over an alleged breach of contracts relating to the clean-up operation at the Haulbowline Island site.
The case was against CTO Greenclean Environmental Solutions Ltd, with an address at Sarsfield Road, Wilton, Co Cork; Hammond Lane Metal Company, Pigeon House Road, Dublin and Eastwood Ltd, Herbert Street, Dublin.
In October 2010, following a six-day hearing, the action was settled on terms including a judgment for almost €600,000 against CTO Greenclean.
Today, Mr Justice Brian McGovern was told Louis J O'Regan was seeking to re-enter the case.
Counsel for Hammond Lane said they would be opposing the matter on grounds it was impermissible due to the case having been settled previously and on grounds that scandalous allegations were being made against his client's solicitors.
Mr Justice McGovern, who was told lawyers for Eastwood Ltd would be applying to cease representing the company, adjourned the matter for three weeks so that papers can be served on all parties.
In its original proceedings, Louis J O'Regan had alleged breaches of a purported partnership agreement and written contracts of August 2007 reached between the sides for the clearance of the contaminated materials from the Haulbowline site.
Ireland’s only steelworks operated at the Haulbowline site from 1939 until its closure in 2001.
The clean-up of some 650,000 cubic metres of waste from steel production was initially expected to cost some €30m. But when the real level of contamination was discovered in 2008, it was estimated to cost multiples of that figure with the result the government terminated the entire contract.
The main clean-up contract had been given to Hammond Lane Metal Company which sub-contracted some of the work to CTO which was later wound up.
