Builder takes case against solicitor

A building company has brought a legal action against a solicitor requiring him to complete contracts for the sale of apartments…

A building company has brought a legal action against a solicitor requiring him to complete contracts for the sale of apartments in Co Mayo. It is claimed a balance of some €1.9 million is due under the sale contracts.

However, solicitor Daniel J Byrne, with a registered place of business at Ormond Court, Ormond Quay, Dublin, and a residence at Rathcastle House, Rathconrath, Mullingar, Co Westmeath, contends the proceedings by Rhonellen Developments Ltd are unnecessary and precipitous and that he expects the outstanding sales to close within weeks.

While noting yesterday what was said on behalf of Mr Byrne, Mr Justice Peter Kelly said the sale closing date had passed and he would admit the proceedings by Rhonellen to the Commercial Court list. He said he would adjourn the case to February next with liberty to apply to Mr Byrne if the sale was closed prior to that date.

The proceedings relate to alleged contracts of April 13th last between Rhonellen, with registered offices at Westland Square, Pearse Street, Dublin, and Mr Byrne for the sale for €3.8 million of 19 apartments at Hawthorn Village, Saleen, Castlebar.

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The company claims that Mr Byrne has to date paid some €1.7 million and that a sum of €1.93 million remains due.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times