A businessman who discovered after he paid IR£2.3 million for a commercial property in Dublin that it was some 20 per cent, or 1,800sq ft, smaller than had been described in the auctioneer's brochure has been awarded €350,000 compensation by the High Court.

Mr David Walsh had sued the auctioneering firm Jones Lang LaSalle Ltd (JLL) alleging he suffered income loss as a result of the incorrect description in the firm's brochure of the size of the property at Upper Gardiner Street.

Mr Justice John Quirke yesterday ruled in favour of Mr Walsh and awarded him €350,000 damages in compensation, noting Mr Walsh had paid considerably more for the property than it was worth when advertised.

If the JLL sales brochure had contained accurate measurements of the floor area of the property, then Mr Walsh and other prospective purchasers would have submitted smaller bids, the judge found.

JLL owed a duty of care to Mr Walsh and other prospective purchasers to ensure its measurements were accurate but its brochure had overstated the size of the floor area to a degree "seriously misleading" to potential buyers.

He upheld the claims of negligence and negligent misstatement against the firm and rejected claims by the firm that a small print "waiver" in its brochure absolved it from legal responsibility in the case.

The case arose after Mr Walsh purchased a two-storey building at 77 Upper Gardiner Street, Dublin 1, on September 28th, 2000, for IR£2.3 million for investment purposes and with the intention of letting it in units to commercial tenants.

The JLL brochure stated the property comprised a total floor area of 23,057sq ft.The area of the first floor, though, was overstated by more than 1800sq ft.