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

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61 whatsoever of there being a claim extant to recover monies that were advanced2 on this transaction by way of loan to Southfield. You knew that monies had3 been lent to Southfield?4 A. Yes, I did.5 Q. 18 Yeah.6 A. But I did not know that it wasn't satisfied, the debt. I did not know that.7 Q. 19 You knew that at the last occasion upon which you had discussed the question of8 there being a loan to that point it was an unresolved debt --9 A. Issue, yes.10 Q. 20 -- and had not been satisfied; isn't that right?11 A. That's right. When I visited the bank.12 Q. 21 Sure.13 A. Yes.14 Q. 22 And in the interim you say --15 A. I positively and genuinely and sincerely did not know the outcome after that.16 Q. 23 Right.17 A. From a monetary point of view.18 Q. 24 So you made the presumption that the debt had been satisfied in some way before19 the parties went on to sell to you; is that right?20 A. Well I'm not too sure how much concern it was of mine at that stage. But I21 suppose it would be fair to say that I assumed so.22 Q. 25 You see, what was being alleged against you to involve you in this transaction23 which was a dispute between the Goodman interest and the24 Caldwell/Southfield/whoever was involved in that, was that they were claiming25 that you were a knowing participant in the disposition of the asset, that is26 the Coolamber lands, from Southfield to Vino. That you knew that this was27 being done on the basis of an under value of the lands so that the lands could28 be sold on to you free of Mr. Goodman's claim. That's what they were saying29 in the letter to you; isn't that right? That is what the letter of the 18th of30 July was saying. It wasn't merely reciting a history of events?Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
71 A. Could I see it again, please?2 Q. 26 Of course you could. Yes, it's 2397. I think you'll find probably that the3 second paragraph is the material one as regards any claim that's being made4 against you. "It is clear from our instructions that Vino Properties Limited5 and Southfield Properties Limited were fully aware of the debt, lien and6 interest that our client's predecessor had in the lands", we'll stop at that7 point there. I think you were aware of all of those facts; isn't that right?8 A. I was aware of the Southfield situation, positively.9 Q. 27 You say you were unaware of the fact that Southfield had not discharged its10 obligation to -- sorry. That Vino had not discharged its obligation to11 Southfield?12 A. Oh, I wasn't privy to any of that.13 Q. 28 "Our instructions are that on the 22nd of May 1992 that Vino Properties Limited14 purportedly took a transfer of the lands from Southfield Property Company and15 then subsequently purported to transfer the same to you, despite being on16 notice of our client's beneficial ownership and/or undischarged lien and they17 did not obtain our client's consent and confirmation of the transfer and/or18 discharge."19 A. That was all news to me.20 Q. 29 Right. I mean, the response to it from your point of view, I take it, would21 have been that while you were aware of the fact that Southfield was indebted to22 the predecessor and title of Elangrove, you did not know of any onward failure23 on the part of Southfield to discharge that debt before dealing with you?24 A. I did not know.25 Q. 30 That was a position you could have adopted --26 A. Well I couldn't adopt it Mr. Chairman, Your Honour, I could not have adopted it27 had I any knowledge of it.28 Q. 31 But in making the response which you did to this letter, which was effectively29 to not respond to Mr. Smyth's claim at all. He received no reply at all from30 you; isn't that right?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: 51 to you that you had been involve
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
Page 77 and 78:
771 unreasonable and perverse to be
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791 Q. 332 That was granted subject
Page 81 and 82:
811 isn't that right?2 A. I know we
Page 83 and 84:
831 Mr. Caldwell about the possible
Page 85 and 86:
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
Page 93 and 94:
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.
Page 99 and 100:
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.
Page 131 and 132:
1311 invoice for land solely to do
Page 133 and 134:
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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