A €35,366 claim by Co Louth farmer Raymond O'Malley against businessman Declan Ganley for European Parliament election expenses has been struck out in the Circuit Civil Court.
Barrister Padraig D Lyons, counsel for Mr O'Malley, told Judge Jacqueline Linnane that, by consent of the parties, a motion seeking summary judgment for the sum against Mr Ganley could also be struck out.
Judge Linnane, who was told that no order was being sought as to costs, struck out the proceedings and the motion with no further order.
On March 6th last Judge Linnane was told that Mr Ganley, of Moyne Park, Moyne, Abbeyknockmoy, Tuam, Co Galway, had failed to comply with a court settlement offer to pay O'Malley's election expenses.
The judge heard that the settlement arrangement of January 16th last had been adjourned to March 6th to allow Mr Ganley pay the €35,366 who had “unfortunately” failed to comply.
Counsel said Mr Ganley had provided Mr O’Malley with a personal cheque and while it had not cleared it was fully expected to have done so by today.
Judge Linnane, at the request of counsel for Mr O’Malley, had adjourned the matter until today.
Mr O'Malley, a beef and cereal farmer of Purcellstown House, Ardee, Co Louth, who failed to get elected, had sued Mr Ganley on the grounds the Co Galway entrepreneur had promised to pay his expenses if he became a Libertas party candidate in the 2009 Euro elections.
He had asked the Circuit Civil Court on January 16th last to give him summary judgment against Mr Ganley when the first adjournment was granted on settlement terms that the debt would be met in two payments together with an agreed sum towards Mr O’Malley’s legal costs.
The settlement included a non-compliance clause whereby Mr Ganley would consent to judgment against himself in the event of his non payment. On March 6th counsel for Mr O’Malley told the court he had no instructions to seek judgment on that date against Mr Ganley and the matter was adjourned until today.
Neither Mr Ganley or Mr O’Malley appeared personally at any of the hearings.