COILLTE HAS brought a legal action aimed at enforcing a contract for the €4.75 million sale of land in Co Cavan used as a holiday village and leisure complex.
The premises were previously used as a holiday village and leisure complex with 20 chalets and eight log cabins and were sold “as is” and with planning permission to expand to include a further 20 chalets, a fully-serviced recreational building and other facilities.
The four defendants have claimed in other proceedings they are entitled to rescind the contract because a review of Cavan County Council files last month disclosed the presence of E.coli and coliform in water samples from the holiday village premises at Killykeen. The proceedings involving Coillte and the four defendants – Seán McGuigan, The Lawn, Belturbet, Co Cavan; Oliver Malone, Coras Point, Cavan; John Olwille, Portaliffe, Killeshandra, Co Cavan; and Brendan Hannan, Bettyglen, Raheny, Dublin – were admitted to the Commercial Court yesterday by Mr Justice Peter Kelly.
The case centres on an alleged contract of March 30th, 2007, for the sale of the land at Killykeen, extending over 29.914 hectares, to the four defendants. Coillte claims the defendants paid a deposit of €475,000 and the closing date for the contract was 10 weeks after March 30th, 2007. It claims an arbitration hearing related to whether the defendants were entitled to an abatement of the purchase price was fixed for last July 3rd.
However, Coillte claims on June 16th last that the defendants, through their solicitors, wrongfully sought to serve a notice to rescind the contract for sale. On June 25th they had issued proceedings seeking a declaration that the contract was validly rescinded and seeking recovery of their deposit.