High Court finds against government in Fahan Marina cse

The High Court has ruled that the Department of Marine and Natural Resources acted outside its powers and imposed unreasonable conditions on the owners of a Donegal Marina.

In an action taken by the Department against Figary Watersports Development company Limited, Mr Justice McKechnie said the Department had failed in its duty regarding an application for €2.4m in European funding by the development company that operates a marina at Lough Swilly.

The Department had taken the High Court action against the company for non-payment of rent and had sought orders compelling the company to complete development of the marina under certain terms.

In a counter claim, the company had alleged that it was prevented from drawing down Interreg funding of over €2.4m because of the actions of the Department.

Today Mr Justice McKechnie said the Department was guilty of an actionable breach of statutory duty by refusing to forward a grant application to a steering committee however the judge did not make a finding of negligence, as had been claimed by the company.

The judge also found that rent arrears of €115,000 were owed by the company.

The full judgment will be issued at a later date and outstanding issues such as damages and costs have yet to be determined by the court.