The appeal could go before the Supreme Court before the end of this week.
Under the NAMA legislation, there is an automatic right of appeal for Mr McKillen in relation to the constitutionality of the legislation.
The High Court had to certify that other issues he wanted to raise in his appeal were of exceptional public importance and it was in the public interest that the appeal be taken.
The court ruled today that the point raised by Mr McKillen's legal team that he had been denied his right to fair procedures because he had not been given the opportunity to make representations before a decision was taken to acquire his loans, was of exceptional public importance and could go to the Supreme Court.
However it refused to certify the point made by Mr McKillen that the European Commission's decision meant only impaired borrowers could be taken in to NAMA.
Mr Justice Nicholas Kearns said the relevant section of the legislation did not expressly exclude Mr McKillen from relying on issues that were not certified in his appeal. However, he said that was an issue solely for the Supreme Court.
Under the NAMA legislation, there is an automatic right of appeal for Mr McKillen in relation to the constitutionality of the legislation.
The High Court had to certify that other issues he wanted to raise in his appeal were of exceptional public importance and it was in the public interest that the appeal be taken.
The court ruled today that the point raised by Mr McKillen's legal team that he had been denied his right to fair procedures because he had not been given the opportunity to make representations before a decision was taken to acquire his loans, was of exceptional public importance and could go to the Supreme Court.
However it refused to certify the point made by Mr McKillen that the European Commission's decision meant only impaired borrowers could be taken in to NAMA.
Mr Justice Nicholas Kearns said the relevant section of the legislation did not expressly exclude Mr McKillen from relying on issues that were not certified in his appeal. However, he said that was an issue solely for the Supreme Court.
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