The Commercial Court will decide on Monday the grounds on which developer Paddy McKillen can appeal the court's judgement on NAMA.

Mr McKillen is trying to stop the transfer of €2.1 billion of loans to the agency. But the three judges of the court found against him on all grounds last Monday.

Mr McKillen can automatically appeal the case on the issue of whether the legislation is constitutional or not, but he must get permission from the court to appeal on any other grounds and these grounds must be of exceptional public importance.

The State is arguing that the appeal should be limited to the validity of the legislation under the Constitution.

The Judges will give their decision on Monday. It is expected that Mr McKillen will proceed with his appeal very shortly after that.

The Commercial Court also awarded costs to the state in the case taken by developer Paddy McKillen against NAMA. Those costs could be up to €2m.