A Limerick company failed to complete the sale of a €1.35 million crane to a Dutch firm, it has been claimed in the Commercial Court.
Used Cranes and Materials (UCM) of Holland is suing O’Carroll Haulage and Crane Hire Ltd, of Kildimo, Limerick, which is controlled by Maurice O’Carroll.
UCM says Mr O’Carroll agreed, through a UK-based agent representing UCM, to sell the Liebherr LTD 1230-5.1 mobile crane for €1.35 million last September.
Maarten Verschoor, a director of UCM, said in an affidavit that a 10 per cent deposit was paid last September 9th. UCM had agreed an onward sale to another party in the USA for some US$1.6 million (€1.4 million) but first needed to purchase some parts and do some work on the crane.
Bellringing for 65 years: ‘It’s great exercise but now that I’m 90 I only ring the lighter ones’
Irish primary schoolchildren have been taught for generations that spring begins on February 1st, but is that true?
Eli Hewson of Inhaler: ‘There’s so much nepotism in every facet of life’
How Ireland beat England in the Six Nations: In pictures
On November 7th, Mr Verschoor said, Mr O’Carroll informed UCM’s agent he no longer wished to proceed with the sale and there was an attempt to return the deposit that was refused.
UCM says it has spent some €166,000 on the spare parts and incurred some €74,000 in foreign exchange losses as a result of having to re-convert the US purchaser’s monies back to dollars when it became clear the money would have to be refunded.
In legal correspondence, O’Carroll Haulage asserted payment for the crane was expected when the invoice was sent to UCM. Mr Verschoor disputes this and says UCM heard nothing from O’Carroll Haulage about not having received full payment.
UCM was also told the crane had been sold to another party who paid in full.
UCM is seeking an order from the court for specific performance of the agreement to sell the crane or damages in lieu of such performance.
On Monday, Mr Justice Denis McDonald admitted the case to the Commercial Court on the application of UCM. The judge was told O’Carroll Haulage was neutral on the admission application.
