THE lengthy High Court action over the Bula orebody in Co Meath was adjourned yesterday until today to allow a settlement offer from Tara to be considered. The court was told that Tara had been asked by the plaintiffs to make a settlement offer on Monday. However the State, which also a defendant, opposed the adjournment.
The case has already been at hearing for 176 days over three years. It was due to resume yesterday after being adjourned before Christmas. The proceedings originated in 1976 and there were numerous pre trial applications.
Bula Ltd, in receivership Bula Holdings and two of their directors, Mr Michael Wymes and Mr Richard Wood, are suing Tara Mines Ltd, Outokumpu Oy, directors of those two companies, and the Minister for Energy over the failure of the Bula mine to come into operation.
When Mr justice Lynch sat yesterday, Mr Eoin McGonigal SC, for the plaintiffs, applied for a one day adjournment. He said that an offer had been made by bone of the parties on Monday evening in relation to the case and it was to consider that offer that he was applying for an adjournment.
The offer was in relation to all the plaintiffs but his difficulty was that, in relation to the company, there were parties who were not involved in the proceedings who had to be considered and given an opportunity to consider the position that had now arisen. The process had not been completed and he would like an opportunity to be able to do that.
Assuming that aspect of it proved fruitful, steps would still be required in relation to other parties in the proceedings. None of that could really satisfactorily happen until certain discussions had taken place between the present plaintiffs and those who were not plaintiffs. In order to advance that he was applying for an adjournment until today.
Mr McGonigal said he was not saying, and did not want to be taken as saying, that it necessarily meant that the case would or would not be resolved. But he felt that, if the opportunity was not given to him, the position of the plaintiffs side may be altered, possibly to the detriment of some or all.
Mr Kevin Feeney SC, for Tara, said Mr McGonigal had indicated an offer was made on Monday. His side would have no strong objection to a one day adjournment.
Mr Thomas Smyth SC, for the State, opposed the application for Jan adjournment. He said the shearing had been adjourned for two months. There were six witnesses present from the State.
Mr justice Lynch said he would adjourn the case until today. But it would have to proceed today in the absence of something concrete happening in the meantime.
