Supreme Court of Ireland Decisions

You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Bula Ltd. (In Receivership) v. Tara Mines [2000] IESC 15 (12th May, 2000)
URL: http://www.bailii.org/ie/cases/IESC/2000/15.html
Cite as: [2000] IESC 15

[New search] [Printable RTF version] [Help]

Bula Ltd. (In Receivership) v. Tara Mines [2000] IESC 15 (12th May, 2000)

THE SUPREME COURT

Appeal No. 1997/110

Morris, P. Denham J. McGuinness J.

BETWEEN

BULA LIMITED (IN RECEIVERSHIP), BULA HOLDINGS, THOMAS C. ROCHE

THOMAS J. ROCHE, RICHARD WOOD AND MICHAEL WYMES

PLAINTIFFS/APPELLANTS

AND

TARA MINES LIMITED, OUTOKUMPU OY, THOMAS FARRELL,

BRENDAN HYNES, MICHAEL McCARTHY, SEAN MURRAY,

DAVID LIBBY, MURROUGH O'BRIEN, YVONNE SCANNELL, HEIKKI SOLIN,

JUHANI TANILA, JOHN TULLY, RISTO VIRRANKOSKI,

PERTTI VOUTILAINEN, THE MINISTER FOR ENERGY AND

MICHAEL O'CONNELL

DEFENDANTS/RESPONDENTS

Ruling of the Court delivered by Morris P. on the 12th day of May 2000

[*2] This matter comes before the court by way of Notice of Motion dated the 3rd June 1999 in which the Applicants seek as a primary relief an Order setting aside the Order of this Court dated the 15th January 1999 and directing the rehearing of the appeal the subject of that Order and Judgment.

1. In addition the Applicants seek an Order that the Court direct that the Defendants make discovery of specific documents and further information which have been identified at the hearing which they say are necessary to enable them to make their case.

2. The Court has directed that the issue as to the Plaintiff's entitlement to these documents be considered by the Court as a preliminary issue and this has been heard over a period of five days.

3. Having considered the submissions made the Court makes the following ruling:

(1) The Court refuses the Plaintiff's application for discovery or production of any further documents by the Defendants. With regard to the submission made by Tara to the Minister for Industry and Commerce relating to the Minerals Development Act of 1979 the Court has been informed that Tara are agreeable to make this available to the Applicants [*3] and it anticipates that this will be done immediately. A copy of this document should be made available to the Court.

(2) The Court has heard legal argument as to the issues of waiver and estopple. It has become clear as legal argument progressed that this issue is intertwined in the main issues. Consequently, the Court will determine these issues in its decision on the motion which is listed for hearing on the 29th May 2000.

(3) Nothing in this ruling is to be taken as a finding that the procedures adopted by the Applicants in these proceedings are correct or appropriate.

(4) The reasons for the ruling herein will be addressed in a later Judgment.