A property developer has initiated legal proceedings claiming judgment for some €6.1 million against solicitor Thomas Byrne over the handling of a property deal in Co Wexford.
The action by John Kelly, of Hunters Moon, Kilquade, Co Wicklow, came briefly before Mr Justice Peter Kelly yesterday via an application to have it admitted to the Commercial Court list.
However, after Siobhán Gaffney, for Mr Byrne, complained that the documents were not served on her client in accordance with court rules and that her side needed time to read the papers and consider their options, the judge adjourned the entry application for a week.
The judge remarked there had been "extensive correspondence" between the sides and the proceedings could not come as a surprise to Mr Byrne. However, he would adjourn the matter for one week. Mr Kelly is seeking judgment for some €6,118,690 against Mr Byrne, whose practice at Walkinstown Road, Dublin, has been closed by the Law Society. Mr Kelly alleges breach of contract and slander of title against Mr Byrne.
Mr Kelly alleges he had become interested in August 2007 in the purchase of a site at Theoil and Coolnaboy, Co Wexford, referred to as the Oilgate property. He attended an auction on September 19th and made an offer of €3 million which was accepted.
He said he told the seller's auctioneer that Mr Byrne would be acting as his solicitor for the Oilgate transaction.
