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Former Chicago Spire developer Garrett Kelleher will not be getting his hands on certain documents for his defence of Nama’s High Court action trying to enforce guarantees he gave on €350M of loans.
National Asset Loan Management is seeking judgement on €46M of those loans which were provided by Anglo Irish Bank for projects in Ireland, the U.S. and Belgium, the Irish Timesr reports.
Kelleher and his company, Shelbourne North Water Street, were involved with the abandoned Chicago Spire project. Last week, U.S. lawyers filed legal action against Nama for damages of €975M ($1.2B) alleging the agency destroyed the development ‘out of spite’.
In relation to the high court action against him, Kelleher said he was assured he would not be pursued, given his “extensive co-operation” with the asset management company.
When provided with discovery documents, Kelleher brought a new application of discovery complaining he had not been given access to all the documents relating to his co-operation with Nama and the foreclosure process on the Chicago Spire project.
Justice Michael Twomey said that while he might ultimately be proved correct, he had not provided any documents that proved documentation had not been given over to him. In addition to this, Nama provided sworn averments stating that full discovery had been provided.
The judge ultimately ruled that the court could not “simply disbelieve the sworn averments of two employees of Nama that they had provided all relevant documents to Mr Kelleher.”
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