3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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121 discussions of yesterday and this morning, as agreed I request you to register2 in the land registry office a priority search on the folio of the above lands3 at Finnstown, Lucan, County Dublin. The priority search magnetism should be4 renewed as often as is necessary in order to keep the priority search current5 with no break in between.67 I have requested John O'Connor, architect, to furnish you immediately with a8 map acceptable to the land registry office outlining the property. It would9 be important that the priority search be registered today.1011 I would be obliged to receive written confirmation when the above priority12 search has been commenced and that it will be renewed as agreed."1314 Is that the advice that you received from Mr. Caldwell?15 A. Yes, it is, positively.16 Q. 58 And what do you understand that advice to mean, Mr. Tiernan?17 A. What Mr. Caldwell told me at the time, I now remember it. Was that the18 priority search mechanism to be registered every 14 days, it only lasted 1419 day, so it would be have to be re registered every 14 days, and there was a20 small charge for that, maybe 20 or 30 pounds every 14 days, that it would21 ensure that nobody could -- I'm unsure of the legal term, let's say register a22 claim against the title.23 Q. 59 Gazump your interest?24 A. Or a variation of that.25 Q. 60 Right.26 A. Gazump would be an appropriate word.27 Q. 61 Nobody could move ahead of you legally in relation to registering an interest28 in the land; isn't that right?29 A. Well, now, that was the advice from Mr. Caldwell. Mr. Madden's advice to me30 was that it was a useless exercise.Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
131 Q. 62 Yes.2 A. And that it would not prevent him if he was on another side.3 Q. 63 The Tribunal has heard that exactly the same mechanism was used in relation to4 the Carrickmines lands, where a Mr. Friel, solicitor, was instructed to go5 through exactly the same procedure, which he as a conveyancing solicitor found6 to be an extraordinary situation but he complied with the requests which were7 made of him to do so. And I have to suggest to you that the consequence of8 that is that even though you were not the legal owner of the lands at this9 point in time, and you are not to become the legal owner until you'd paid the10 balance of almost three million pounds a year later. By registering a11 priority search in relation to the lands you took the folio out of circulation12 so that no other land transaction could be registered on the folio while the13 priority search was in being. Now, I don't expect you to offer a legal14 opinion on the matter. But it is the case that as far as you were concerned,15 this was a mechanism which you were advised by Mr. Caldwell to implement; isn't16 that right?17 A. Oh, absolutely. And had I heard a person like you utter the words you're18 after uttering I would be very happy, because Cahill's office, through Andy19 Madden, was dismissive and said it was useless and a waste of money.20 Q. 64 Right. Do you know of any reason why Mr. Caldwell would offer you these21 advices, if he is the owner of the property and was the person who was selling22 the property to you because the effect of a priority search would be to impede23 the ability of Mr. Caldwell to sell the property to anybody else?24 A. No, it doesn't make sense to me.25 Q. 65 No. Well are there any circumstances that you can offer to the Tribunal,26 Mr. Tiernan, as to why it was that Mr. Caldwell was offering you these advices,27 which on their face certainly, would not appear to be advices that would serve28 the interests of Mr. Caldwell and the parties who he was representing in this29 transaction?30 A. I agree it sounds as if it would not serve their interest.Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
Page 1 and 2: 11 THE TRIBUNAL RESUMED AS FOLLOWS
Page 3 and 4: 31 of October 1994 where you say, "
Page 5 and 6: 51 to you that you had been involve
Page 7 and 8: 71 A. Could I see it again, please?
Page 9 and 10: 91 Mr. Goodman out of his just dese
Page 11: 111 A. Well I'm just not too sure a
Page 17 and 18: 171 20 pounds in fees to the land r
Page 19 and 20: 191 Q. 91 Are you saying there was
Page 21 and 22: 211 lands?2 A. The plan forward was
Page 23 and 24: 231 Lawlor lived beside it. And I w
Page 25 and 26: 251 advancing his claim to recover
Page 27 and 28: 271 Q. 133 And as much as can be in
Page 29 and 30: 291 second or third time I discusse
Page 31 and 32: 311 meeting. But he actually told m
Page 33 and 34: 331 Q. 174 Right. And did he indica
Page 35 and 36: 351 Holdings being the company whic
Page 37 and 38: 371 MR. O'NEILL: Mr. Tiernan, pleas
Page 39 and 40: 391 preferences were clearly Fine G
Page 41 and 42: 411 A. I don't remember it now.2 Q.
Page 43 and 44: 431 motion and we'll see that once
Page 45 and 46: 451 excluded the house and its amen
Page 47 and 48: 471 Council in relation to possible
Page 49 and 50: 491 Esker parish which already has
Page 51 and 52: 511 order was made as required by l
Page 53 and 54: 531 Applicant has not provided suff
Page 55 and 56: 551 A. Very negative report.2 Q. 26
Page 57 and 58: 571 And then it goes on to say that
Page 59 and 60: 591 Q. 276 So that Mr. O'Connor's b
Page 61 and 62: 611 THE TRIBUNAL RESUMED AS FOLLOWS
Page 63 and 64:
631 to the zoning and infrastructur
Page 65 and 66:
651 the application in its entirety
Page 67 and 68:
671 A. Yes, okay. I didn't read it
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691 Now, could I suggest to you tha
Page 71 and 72:
711 A. I might have attended some o
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731 since consideration of the abov
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751 illustrate a concern which was
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771 unreasonable and perverse to be
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791 Q. 332 That was granted subject
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811 isn't that right?2 A. I know we
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831 Mr. Caldwell about the possible
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851 interest. I accept that I know
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871 I don't recall most of them.2 Q
Page 89 and 90:
891 you'd faxed this document, refe
Page 91 and 92:
911 hearing was to go on and to pre
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931 pessimistic view which you expr
Page 95 and 96:
951 encouraged you to the belief th
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971 Q. 418 So it's possible --2 A.
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991 no matter what the value had be
Page 101 and 102:
1011 were under pressure on 25th?2
Page 103 and 104:
1031 Q. 464 You say that eventually
Page 105 and 106:
1051 A. No, Your Honour. My concern
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1071 A. No, I didn't, genuinely, Yo
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1091 Stenclas Kenny and Partners an
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1111 A. I would have had dealings w
Page 113 and 114:
1131 A. That I'm not a hundred perc
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1151 filling station, shops, medica
Page 117 and 118:
1171 drawn up for Finnstown Homes w
Page 119 and 120:
11912 MR. O'NEILL: I know that Mr.
Page 121 and 122:
1211 A. Yeah.2 Q. 539 And again, th
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1231 as Coolamber.2 Q. 553 When you
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1251 Q. 564 Would it have been your
Page 127 and 128:
1271 A. Yeah, the 1985 permission.2
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1291 discussions with Gerry Kinley.
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1311 invoice for land solely to do
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1331 confirmation of most jobs you
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1351 your letter to Mr. Kennedy, th
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1371 involved in the Coolamber land
Page 139:
13912 JUDGE FAHERTY: You said you k
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3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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