A SOLICITOR who claims an allegedly defective gear system meant he only had the use of a €124,000 Mercedes Benz SL350 for just four months after buying it in 2004 is continuing to make repayments of €400 a week for it, the High Court heard yesterday.
Solicitor Philip O’Sullivan yesterday secured a High Court order requiring the distributors of the car to disclose any documents about any complaints made about the gear system in such cars.
Mr Justice Roderick Murphy ordered Motor Distributors Ltd to make the material available to Mr O’Sullivan for use in arbitration proceedings.
Mr O’Sullivan, practising at Denny Street, Tralee, Co Kerry, returned his car to McElligotts Tralee Ltd, Oakpark, claiming it had a defective gear system. Lawyers for MDL denied there was any problem with the car’s gear system and contended that any problems were due to the manner in which Mr O’Sullivan had driven the car.
Mr O’Sullivan denied those claims, said he is very familiar with the tiptronic gear box in question, and is having no problems with the Mercedes S320 CDI he is currently driving.
Ercus Stewart SC, for Mr O’Sullivan, said his client bought the car for €124,000 in 2004 but had started to experience problems soon afterwards and was able to use it only for four of the eight months he had it. Mr O’Sullivan claims the car is defective and he has safety fears for both himself and other road users.