A medical consultant who sued after losing a Ferrari in a deal for a McLaren sports car he never received has been resolved.
Dr Eddie O'Donnell, the Fairways, Faithlegg, Co Waterford, brought the High Court action against Ocean Vehicle Trading Ltd and its director Oisin Legaspi.
The court previously heard Dr O’Donnell had traded in his Ferrari California to part-finance the purchase of a 2012 McLaren MP4 12C which he said he never received.
The failure to deliver the car or provide a refund resulted in his lawyers obtaining temporary High Court freezing orders against both defendants preventing them reducing their assets below €150,000.
The matter had come before the court on several occasions and, following discussions between the sides, the court was told last month the defendants had agreed to make a number of payments to Dr O’Donnell.
When the case returned to court on Wednesday, Yvonne O'Gara, for the defendants, told Mr Justice Paul Gilligan it had been resolved and could be struck out.
Previously, when seeking the injunction last September, Shaun Boylan, for Dr O'Donnell, a consultant obstetrician at Waterford Regional Hospital, said his client first came into contact with Mr Legaspi in 2013.
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Mr Legaspi had been working for another company when Dr O’Donnell purchased the Ferrari, counsel said. Dr O’Donnell was regularly contacted by Mr Legaspi asking if he wanted to upgrade the Ferrari and in June 2013 had agreed to trade the Ferrari against the McLaren, counsel said.
Dr O’Donnell said Mr Legaspi told him in August the McLaren was en route but it never arrived, counsel said. Despite being given assurances, Dr O’Donnell eventually asked Mr Legaspi for either the return of his Ferrari, delivery of the McLaren or his money back. No refund had materialised, counsel said.
Counsel said Dr O’Donnell later discovered the Ferrari was sold in the UK for €137,300 through a company dissolved in March. Dr O’Donnell’s fears were further escalated in August when he discovered all the cars for sale on the company’s website were removed.
Mr Boylan said his client had called to the registered offices of Ocean Vehicle Trading Ltd at Rockwood Business Centre, Q House, Furze Road, Sandyford Industrial Estate, which he assumed was the firm's trading address. The building was used only for pictures for exhibiting cars on the company's website and, from Dr O'Donnell's visit, it was clear the business address was a post box only and no trade was being conducted from that location by the company, counsel said.