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

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21 which effectively was defrauding him of his entitlement; isn't that right?2 A. Yes, a disaster.3 Q. 2 Yes, it would be a disaster. I think it is the case that as regards the firm4 of solicitors who you were instructing at the time, Finbar Cahill and Company5 Limited, they had played no role or part whatsoever in the dealings which you6 had with Mr. Caldwell at the time of the Southfield/Vino transaction; isn't7 that right? They were not advised by you that you were discussing with Bank of8 Nova Scotia, for example, the possibility --9 A. No.10 Q. 3 -- that you might stand in and pay interest or any of those matters?11 A. They had no involvement.12 Q. 4 They had no knowledge whatsoever of the fact that there was a Goodman interest13 at all; isn't that right?14 A. Well not that I can recall.15 Q. 5 Right. You had never indicated to Mr. Madden, for example, that Mr. Larry16 Goodman was in fact the financier of the initial transaction through the17 provision of funds to Southfield and that his interests had not been resolved18 and that that was a reason for the delay in your ability to negotiate the19 acquisition of the land with Mr. Caldwell; isn't that so?20 A. Mr. O'Neill, I cannot be sure.21 Q. 6 Fine. In any event, you certainly brought the matter up with Messrs. Finbar22 Cahill & Co. when you received this letter and you sought their advices on the23 issue; isn't that right?24 A. Yes, I did.25 Q. 7 And you apparently, initially, didn't formally set out what your knowledge of26 the events which were being referred to in the letter of, that's on screen,27 from Noel Smyth. You didn't set out any account of that in writing but you28 discussed the matter on a number of occasions with Mr. Madden; isn't that so?29 A. I'm sure I did, yes.30 Q. 8 And we'll see a letter from you at page 2409 to Finbar Cahill & Co. on the 3rdPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
31 of October 1994 where you say, "Dear Andy. I refer to the above letter, copy2 of which I sent to you on the 20th of July and spoke to you on the same day,3 you said then that you were not concerned about the contents of same. We4 again spoke on the 22nd and you confirmed same and said that Finbar Cahill5 shared your view. I would be obliged to receive a written confirmation6 confirming your opinion as expressed on the 20th and 22nd of July last.78 Looking forward to hearing from you."910 Obviously then the matter was still of some concern to you three months after11 this initial claim had been made against you by Mr. Smyth in the letter which12 we'll see on screen.13 A. Mr. O'Neill, I would say I was conscious of it and I was anxious to, having14 spoken with Andy Madden, to get his opinion in writing or advice.15 Q. 9 And in order to get that opinion in writing, were you ever requested by them or16 did you ever volunteer to set out in full what your knowledge of the17 involvement of Mr. Goodman was in the context of the Coolamber lands?18 A. I never set it out in writing, to my knowledge.19 Q. 10 No. And insofar as you received something in writing from your solicitors in20 response to your request of the 3rd of October, it was a letter of the 4th of21 October 1994 from Finbar Cahill & Co. which we see at page 2410. In this22 letter Mr. Madden writes to you as follows:23 "Dear Joe. I confirm the contents of our telephone conversations relating to24 this matter as follows.2526 (A) You instructed on behalf of Tiernan Home Builders Limited that you had no27 knowledge whatever of the matters set out in the above referred to letter.2829 (B) You instructed on behalf of Tiernan Home Builders that until receipt of30 the letter dated 18th of July 1994, you had not received any communicationsPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
Page 1: 11 THE TRIBUNAL RESUMED AS FOLLOWS
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 and 12: 111 A. Well I'm just not too sure a
Page 13: 131 Q. 62 Yes.2 A. And that it woul
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
Page 69 and 70:
691 Now, could I suggest to you tha
Page 71 and 72:
711 A. I might have attended some o
Page 73 and 74:
731 since consideration of the abov
Page 75 and 76:
751 illustrate a concern which was
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771 unreasonable and perverse to be
Page 79 and 80:
791 Q. 332 That was granted subject
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811 isn't that right?2 A. I know we
Page 83 and 84:
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
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951 encouraged you to the belief th
Page 97 and 98:
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
Page 107 and 108:
1071 A. No, I didn't, genuinely, Yo
Page 109 and 110:
1091 Stenclas Kenny and Partners an
Page 111 and 112:
1111 A. I would have had dealings w
Page 113 and 114:
1131 A. That I'm not a hundred perc
Page 115 and 116:
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
Page 123 and 124:
1231 as Coolamber.2 Q. 553 When you
Page 125 and 126:
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
Page 137 and 138:
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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