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

41 from Noel Smyth & Partners, Elangrove Properties Limited, Cork Company Limited2 or anybody acting on their behalf in relation to any claim against the lands3 now owned by Tiernan Home Builders Limited.45 (C) You enquired as to whether, in these circumstances, Mr. Smyth's client6 company could have any effective claim against the lands or your company and7 received advice to the effect that this would be most unlikely.89 (D) You requested advice as to whether Mr. Smyth's letter required answering10 and you were advised that on the instructions received, your company would11 appear to have no case to answer to Mr. Smyth's client and effectively the ball12 was in his court.1314 In the present circumstances and unless further information has come to hand15 and further instructions received by us, we would have no reason to change this16 advice. In the event that you require anything further to be done please17 advise."1819 If we deal with point (A) there, Mr. Tiernan, it states "You instructed on20 behalf of Tiernan Home Builders that you had no knowledge whatever of the21 matters set out in the above referred to letter."2223 In fact, you did have knowledge of the fact that Mr. Goodman was a party who24 had financed the initial transaction and whose entitlement would have to be25 addressed in some way by those parties who had borrowed them monies to finance26 the project, and that was Southfield Limited; isn't that right?27 A. Yes, it would.28 Q. 11 Yeah. So albeit that you might not have had complete knowledge of the29 dealings which existed between the parties Elangrove, Southfield and/or Vino,30 you did have knowledge of the fact that in addition to the sale of the propertyPremier Captioning & Realtime Limitedwww.pcr.ie Day 564