Two wind energy companies and their founder are claiming €3.9 million they say is due under a contract for the sale of power to Energia, the Commercial Court has heard.
Lackan Wind Energy Ltd and Airoshin Wind Energy Ltd, along with their founder and director Michael Rouse, are suing Energia Customer Solutions Ltd.
They seek judgment for some €3.9 million they say is owed to the two companies, along with specific performance of the contract and damages for breach of contract among other things.
Mr Rouse said in an affidavit seeking entry of the case to the fast track commercial list that under the 2011 contract between the parties that the defendant agreed to purchase output from wind farms owned by or associated with the plaintiffs.
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The wind farms are Powercon and, potentially, Three Trees and/or Enros Wind Farm which are owned by non-parties to the proceedings.
The contract provided that if Powercon sold its energy output to Energia, the defendant would pay Lacken and Airoshin an “upside sharing entitlement” if electricity prices exceeded a particular level, Mr Rouse said.
The entitlement would be even greater if Three Trees and Enros also sold their output to the defendant, he said.
Powercon duly sold its output but Energia was not paid its entitlement which fell due in late 2021, he said.
Energia has denied the existence of the contract, Mr Rouse said. In those circumstances the court is being asked to determine the question of the construction of the contract, he said.
He also said that prior to issuing proceedings last December, the plaintiffs’ solicitors wrote to the defendant offering mediation. However, he said, this was ultimately rejected by Energia.
On Monday, Martin Hayden SC, for the plaintiffs, applied to have the case admitted to the fast track Commercial Court on consent from the defendant.
Mr Justice Mark Sanfey admitted the case to the list, approved agreed directions for its hearing, and adjourned it to July.
