Courts / Dublin / Report
Disputes over alleged pyrite deceit are struck out after agreement reached
Summary
In two High Court actions involving Irish Asphalt Ltd and James Elliot Construction, the disputes were struck out after the parties reached out‑of‑court agreements. The first case, heard by Ms Justice Caroline Costello, concerned allegations that Irish Asphalt and its directors supplied products containing excessive pyrite and misrepresented their quality. James Elliot Construction sought damages and an indemnity, but the claims were denied and the case was dismissed with the parties acknowledging no basis for deceit or misrepresentation. The second case, before Mr Justice Tony O'Connor, involved a petition for the appointment of a liquidator over an alleged unpaid debt of more than €2.4 million. James Elliot Construction withdrew the petition after mediation, and the proceedings were struck out. Both parties agreed to resolve the matters, with Irish Asphalt's legal costs partially covered by James Elliot Construction. The winding‑up application was opposed by Irish Asphalt, its directors and Lagan Holdings Ltd, the company's largest creditor.
Who, what, where, when and why
What: Report matter: Disputes over alleged pyrite deceit are struck out after agreement reached. Procedural stage: hearing_or_decision
When:
- 2017-10-26 Publication
Why: The defendants claimed JEL had an ulterior motive in seeking to have the company liquidated, namely that it would have given it an tactical advantage in the 'deceit' proceedings, which was denied by JEC. CNI source report
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