A dispute over the £3 million sale of a 0.2-acre site beside a house in Shrewsbury Road, Donnybrook, Dublin, has been settled, the High Court has been told. The settlement was announced while the case was at hearing.
A company director, Mr Sean Dunne, of The Birches, Torquay Road, Foxrock, Co Dublin, brought proceedings against Mr Niall O'Farrell, a businessman, of Monkstown Road, Monkstown, Co Dublin.
It was claimed by Mr Dunne that, in June 1999, Mr O'Farrell agreed to sell him the site with full planning permission for a detached residence.
In breach of the agreement, it was claimed, Mr O'Farrell subsequently sought to vary the terms by seeking to require Mr Dunne to accept a reduction in the size of the site.
It is also claimed that the defence side had failed to demonstrate that works commenced by Mr O'Farrell on the house being retained by him were being carried out in compliance with the terms of the planning permission. By letter of December 23rd last, the defence purported to rescind the sale.
Mr Justice O'Neill was asked by Mr Dunne for an order restraining Mr O'Farrell from taking any further steps to carry out the development unless in compliance with planning permission.
The defence denied the claims and pleaded that the deposit had been lawfully returned to solicitors for Mr Dunne last December, when notifying him that the contract had been rescinded.