Auctioneer's claim dismissed

An auctioneer's claim of fees for his part in a £400,000 property deal was rejected in the Circuit Civil Court yesterday.

An auctioneer's claim of fees for his part in a £400,000 property deal was rejected in the Circuit Civil Court yesterday.

Judge James Carroll held that Mr Brian O'Farrell, of O'Farrell Cleere Auctioneers Ltd, Malahide, Co Dublin, had not been retained by hotelier Mr Raymond Gunning, Grove Lawn, Malahide, to sell the former St Doulngh's Marist Retreat, Balgriffin, for him.

The court heard the retreat on 25 acres of land was bought by property developer Mr Ulick McEvaddy in exchange for £215,000 cash, two apartments worth £164,000 and a boat mooring worth £20,000 in Malahide Marina Village.

Judge Carroll told Mr Martin Collins, counsel for Mr Gunning, that he believed Mr O'Farrell had been acting from the beginning of negotiations in the interests of Mr McEvaddy. He dismissed Mr O'Farrell's claim for fees of almost £12,000 and ordered him to pay costs.