Aquatic Centre body withdraws appeal

Tom Lyons

The state body responsible for Dublin's National Aquatic Centre has withdrawn its appeal of a scathing judgement by Justice Max Barrett in the High Court to refuse security for costs in relation to a €30 million claim for damages by the swimming pool's former operator.

The National Sports Campus Development Authority (NSCDA) had prepared an appeal claiming there was 45 errors in law in Mr Justice Barrett's judgement, but this has now been withdrawn.

Mr Justice Barrett had found in favour of Dublin Waterworld, the former operator of the swimming pool, by concluding that the state agency knew "what the law required it to do," in relation to the treatment of a €10 million VAT bill but "Robert Frost like" chose to something else.

The NSCDA decided to withdraw its appeal in the multimillion legal row after counsel for Dublin Waterworld agreed to read out a statement in the High Court yesterday. This said: “The plaintiff [Dublin Waterworld Limited] confirms that the judgment of Barrett J deals solely with security for costs and will not be relied upon by the plaintiff, its directors or associates, for any purpose going forward.

“The plaintiff agrees that the comments made in the judgment do not have the status of findings of fact. Nothing in the judge’s ruling is determinative, either provisionally or finally, of any issue in the action and it will be for the trial court to make all findings of fact in the action”.

Kerry businessman John Moriarty, a director of Dublin Waterworld told The Irish Times the decision hastened the day that his firm's court action against the NSCDA for damages of €30 million could finally begin. Mr Moriarty alleges that his company was wrongfully and maliciously pursued for a €10 million VAT bill that it did not owe.

“This quango is clearly out of control. There seems to be no restrictions on taxpayers money being wasted on pointless legal cases,” Mr Moriarty said.

In a statement the NSCDA said: “As the proceedings remain before the court, NSCDA has no further comment at this time.”