A COMPANY claiming €10 million losses over alleged deceit and misrepresentation by a farmer in the sale of land in Co Meath has accused the farmer of transferring property to his wife in a bid to divest himself of assets.
It is claimed transfers by Michael McGuinness, Hilltown, Bellewstown, Co Meath, of his interest in certain lands and property to his wife Marie was not made in good faith or for valuable consideration but is part of an effort to frustrate efforts to recover any judgment which may be entered against him.
At the Commercial Court yesterday Mr Justice Peter Kelly was told Keegan Quarries Ltd (KQL), Trammon, Rathmolyon, Co Meath, was prepared to accept undertakings by Mr McGuinness and his wife not to reduce their assets below €10 million pending the outcome of proceedings by the company against them.
Mrs McGuinness has been joined to the case in relation to the property transfers. On consent of the sides, the judge transferred the proceedings to the Commercial Court and noted the undertakings.
The case arises from the sale by Mr McGuinness to the company of lands at Hilltown, Bellewstown, Co Meath, for €7 million in January 2007. KQL claims it entered into that contract on the basis of representations by Mr McGuinness to John Keegan that part of the lands had been lawfully registered for quarrying.
In a judgment last October in separate proceedings by a number of local residents against KQL, Ms Justice Mary Irvine ruled the use of the lands by KQL as a rock and stone quarry amounted to unauthorised development and granted orders restraining use of the lands as a quarry.
Arising from that judgment, KQL has brought proceedings alleging deceit and misrepresentation by Mr McGuinness related to the use of the lands. It claims had it known quarrying on the lands constituted unauthorised development it would not have purchased them. It also claims the High Court order restraining any quarrying on the lands has decreased their value dramatically and that it will incur significant expenditure in complying with an order requiring it to restore the lands in accordance with planning conditions.
It also wants the defendants to pay the costs incurred by it in the High Court proceedings and said it anticipated its total claim against Mr McGuinness will be €10 million. A few weeks after the High Court judgment, Mr McGuinness had transferred his interests in substantial properties in Co Meath to his wife, it is claimed.
