The National Asset Management Agency is seeking orders requiring former executive Enda Farrell and his wife to pay the legal costs of proceedings brought over his alleged “extensive” misappropriation of highly confidential data from the agency.

While agreement has been reached with Mr Farrell on costs issues, his wife Alison Kramer is resisting the making of a costs order against her, Mr Justice Peter Kelly was told yesterday by Robert Dore, solicitor for the couple.

Cian Ferriter SC, for Nama, said it wanted costs orders covering both Mr Farrell and Ms Kramer. While Ms Kramer had said she was unaware of the contents of about 29 emails sent by Mr Farrell to her work email account, it may be necessary to cross-examine her about that, counsel said.

In an affidavit, Ms Kramer had said she permitted her husband to email her 29 emails with attachments to her work email address and, at his request, forwarded those to her personal email.

She said she never looked at the emails or their attachments or the contents of a document her husband asked her to scan on to her work email address that she then forwarded to him.

Adjournment

Mr Ferriter asked that the final form of costs orders should not be made until the issues related to Ms Kramer were addressed and Mr Justice Kelly agreed to adjourn the costs issues to next month.

The National Treasury Management Agency and Nama brought the action against Mr Farrell, a former property analyst with the NTMA who was seconded to Nama, and Ms Kramer, an auditor with the Dublin office of Ernst Young.

Last week, Mr Ferriter told Mr Justice Kelly Nama had concluded its investigation into the matter and was not, at this stage, bringing a damages claim against Mr Farrell who had co-operated with the investigation.

Separate inquiries are being carried out by the Data Protection Commissioner and An Garda Síochána and Nama has made a formal complaint to the Garda.