BUSINESSMEN, Mr Thomas Roche senior and junior were opposing an application that they pay legal costs in relation to the Bula mining case, the High Court was told yesterday.

They told the court they went to the Supreme Court three years ago claiming they were being oppressed as shareholders in the Bula mining companies.

Mr Paul Gallagher SC, for the Roches, told Mr Justice Lynch his clients had been excluded from the running of Bula affairs and unable to control the running of litigation which lasted 277 days in the High Court. Total legal costs could reach £3 million.

The Roches were opposing an application that they pay legal costs in relation to the court case which ended two weeks ago when Mr Justice Lynch rejected claims brought by two other Bula directors, Mr Michael Wymes and Mr Richard Wood against neighbouring Tara Mines at Navan, Co Meath, and the Minister for Energy.

Mr Gallagher said the original hearing of the case began on December 14th, 1994. It was accepted that, in the ordinary way, costs should follow the event - that if the plaintiffs lost then the defendants should get their costs up to October 1994 when the Roches withdrew from the proceedings.

Mr Gallagher said that to defeat that general rule he would have to advance special reasons connected with the litigation. He referred to proceedings between the Roches and Mr Wymes and Mr Wood, in which the Roches claimed oppression as share-holders. The matter went from the High Court the Supreme Court which gave a decision in June 1994.

The only power his clients had was to withdraw their personal claims which they did as early as was possible following the Supreme Court judgment.

Mr Justice Lynch adjourned the application to next Monday when counsel for Tara and the Minister will reply to the application.