The disappearance from a €1.5 million penthouse of "a beautifully appointed" drinks bar was described in court yesterday.
Mr Justice Esmond Smyth heard in the Circuit Civil Court that the mini pub was "there" when the Killiney, Co Dublin, dream home was put up for sale by its owner, Frank Conroy, but "gone" after the would-be new owners had a final viewing of the property.
Tony and Hilda O'Riordan. Salzberg, Ardilea, Dublin, contracted in March 2001 to buy 3 Killiney Hill Park apartments, Killiney Hill Road, Co Dublin, for €1.492 million and paid a deposit of €149,194.
George Brady SC, for the O'Riordans, said his clients were seeking a declaration that the contract for sale had been wrongfully rescinded by Mr Conroy and that the O'Riordans were entitled to a return of their deposit with interest.
If necessary, they would also seek an order for the rectification of the contract for sale so as to show that it was to include the full working bar as illustrated in a brochure and as existed in the penthouse at the date of the contract for sale.
Mr Brady said the O'Riordans were also seeking a declaration that the completion notice served on them by Mr Conroy dated September 3rd, 2001, was not valid and effective.
Colm Allen SC, for Mr Conroy, said the court was being asked to determine a preliminary issue on the question of the validity of the completion notice.
Mr Justice Smyth said Sherry Fitzgerald was the auctioneer and negotiated the sale. The O'Riordans claimed that in order to induce interested parties to inspect the penthouse, the auctioneer had produced a brochure which featured in words and pictures "a full working bar".
Judge Smyth said the O'Riordans inspected the penthouse with Michael Grehan of Sherry Fitzgerald, and had asked him if the bar came with the apartment. Mr Grehan said he would have to check and some days later telephoned the O'Riordans and confirmed that it was included.
After having been served with a completion notice, the O'Riordans had again inspected the penthouse on September 28th and found that the full working bar had been removed.
Mr Justice Smyth said allegations contained in the O'Riordans' Equity Civil Bill did not constitute evidence and said that the matter could not be determined until after a full trial.