The Construction Industry Federation says it is not getting ready to challenge NAMA (more particularly the legislation setting up NAMA).
We have only to go back to 2005 to find out why it is not gearing up.
In Construction Industry Federation v Dublin City Council , the Supreme Court denied locus standi to the CIF because its members were easily able, individually, to take the litigation pursued by the CIF against Dublin City Council.
The Court said;
In the present case, the Appellant claims to have a sufficient interest on the basis that the proposed scheme affects all or almost all of its members in the functional area of the Respondent, and therefore the Appellant has a common interest with its members. However, it appears to me that to allow the Appellant to argue this point without relating it to any particular application and without showing any damage to the Appellant itself, means that the Court is being asked to deal with a hypothetical situation, which is always undesirable.”
So, too, now, CIF membes are easily able to take action for themselves.
The challenge, (there will be a challenge) will come from the members or some of them.