The High Court today ruled that Dublin Waterworld Ltd (DWL) deliberately breached the terms of its lease to operate the National Aquatic Centre. My question is what happens the €11 million due in rent?
Mr Justice Gilligan told the High Court that although the financial position of Dublin Waterworld had now been regularised, the court was making an order for Campus and Stadium Ireland Development (CSID) Ltd to repossess the €62 million centre.
CSID, the State company which owns the centre, awarded the lease in 2003. It had alleged that, unknown to it, DWL had transferred beneficial ownership of the lease to Limerick businessman Pat Mulcair on April 30th, 2003.
The court was told that Mr Mulcair then entered into an arrangement for DWML (Dublin Waterworld Management Ltd), a wholly owned subsidiary of DWL, to manage the aquatic centre.
The court found this constituted “wilful” breaches of the lease as did the failure to pay more than €11 million due in rent and VAT.
Mr Justice Paul Gilligan declared the 30-year lease must be forfeited.
Joan Burton has been seeking an explantion from Minister John O’Donoghue, good luck to her.
“The Minister must now clarify how Dublin Water World was enabled to enter into a lease and trust arrangement with regard to the Aquatic Centre, with business man Mr Pat Mulcair,” she said.
Ms Burton said she had already asked the Comptroller and Auditor General to conduct a review of the handling of the aquatic centre.
She said there have been a number of reports of structural problems with the complex including the fact that treated water consumption is far in excess of what was originally laid down in the design specifications, suggesting leakage problems.
Ms Burton said she had asked the Comptroller and Auditor General to conduct to conduct a review of the handling of this key piece of sports infrastructure.