Judge freezes the proceeds of sale

A firm of Ardee solicitors has been ordered by Dublin Circuit Court not to disburse proceeds of the recent sale of the Statoil…

A firm of Ardee solicitors has been ordered by Dublin Circuit Court not to disburse proceeds of the recent sale of the Statoil petrol station, Collon, Co Louth. Mr Richard McDonnell, counsel for a Co Wicklow estate agent, Mr Frank Byrne, of Rosc, Enniskerry, told Judge Diarmuid Sheridan his client held a judgment for £10,950 and costs against an accountant, Mr Frank O'Carroll, practising as F.G. O'Carroll and Co.

He said Mr O'Carroll lived at the Blue Haven Restaurant, Killybegs, Co Donegal, and operated from offices at Park House, Cabinteely, Co Dublin. Mr O'Carroll's accountancy firm acted for the estate of the late Mr Michael Farrell, formerly of Hale Street, Ardee, and Mr Hugh McMahon, Market House, Ardee, owners of the Statoil petrol station.

Mr McDonnell said Mr Byrne had learned that Mr O'Carroll was due professional fees of £60,000 from the sale for work done for the late Mr Farrell and Mr McMahon and sought the appointment of a receiver over this money.

"This man has a history, it would appear, of fast dealing, to put it mildly," Mr McDonnell said. "We are obviously anxious this £60,000 would not be disposed of to his own advantage."

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Mr McDonnell said the petrol station had been bought by Woodfield Motors Ltd and the money was held by a firm of Ardee solicitors. He said another party had previously obtained a £120,000 judgment against Mr O'Carroll. So far as he knew this also had not been satisfied by Mr O'Carroll.

Judge Sheridan appointed Mr Byrne's solicitor, Mr Malcolm Fraser, of Hussey and O'Higgins, as receiver over the money due to Mr O'Carroll but put a stay on his order for a week to facilitate notification of all parties, including solicitors for the major judgment party.

In the meantime he ordered the proceeds of the sale be frozen with the Ardee solicitors.