A CLAIM by the Minister for the Marine that a European Commission grant of €2.46 million towards the building of a Donegal marina was inclusive of a State top-up of €630,000 was unfounded, a judge said yesterday.
Mr Justice Liam McKechnie, in a breach-of-contract claim by the Minister against the developer, said the uncontroverted evidence before the High Court was that the top-up was in addition to the €2.46 million.
The relationship between the Minister for Communications, Marine and Natural Resources and the marina developers, Figary Watersports Development Company Ltd, Fahan, Co Donegal, had been fraught, according to Mr Justice McKechnie.
He said both sides had alleged the other had failed in its obligations or had unnecessarily halted or delayed construction of the marina.
Figary Watersports had contended that, at all times, it sought to complete the marina in a timely fashion but that the unreasonable demands of the Department of the Marine had frustrated its progress.
On the other hand, the department claimed that persistent breaches of undertakings and conditions in the lease meant that the project could not satisfactorily proceed.
“In my view, neither party is completely faultless . . . the company was stretched to meet its obligations and the department at times put in place barriers to the completion or continuance of the project,” Mr Justice McKechnie said. He said he would hear further submissions at a later date with regard to damages and consequent court orders.