Courts / Monaghan / Report
Haulier sues over alleged false mileage on trucks
Summary
Haulier Cathal Dempsey, a Co Monaghan resident, is suing A&M Commercials Ltd and A&M Commercial Ireland Ltd in the High Court over seven trucks purchased in 2009 and 2011. Mr Dempsey alleges that the defendants sold him vehicles with mileage records of approximately 500,000km, when expert examination suggests some units had nearly 1 million kilometres. He claims this breach of contract caused frequent breakdowns and business damage. The defendants deny these allegations, stating there was no implied condition regarding mileage or reliability, and that the vehicles were not fraudulently altered or unfit for purpose. The case opened before Mr Justice Donald Binchy, with counsel for Mr Dempsey highlighting significant discrepancies in the trucks' odometer readings. However, the judge adjourned the case for two weeks after evidential difficulties arose. The dispute centered on whether technical evidence regarding the alleged mileage could be presented by Mr Dempsey's expert or if it required testimony from other examiners, with the defendants opposing hearsay evidence. Mr Justice Binchy noted the seriousness of the allegations but was not prepared to dismiss the action, resulting in the matter being adjourned rather than concluded.
Who, what, where, when and why
What: Report matter: Haulier sues over alleged false mileage on trucks. Procedural stage: hearing_or_decision
When:
- 2009 and 2011 Other
- 2018-05-02 Publication
Case subjects
Applicant
Outcome: However, the judge adjourned the case for two weeks after evidential difficulties arose in the case.
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