are being sued for alleged representations made at the time of the agreement and because there was allegedly a collateral agreement between them and the Treanors, said the judge.Mr Justice Ferriter noted that there were allegedly complaints that the heating systems were ineffective from the purchasers of two homes sold in December 2007. The defendants continued working on the remaining houses in the development until April 2008, he said.
The defendants brought a motion seeking to strike out the Treanors’ case on grounds that there has been an inordinate and inexcusable delay to the proceedings on the part of the plaintiffs. With the case still not disposed of, the defendants contended that it could have a potentially negative effect on new intended projects.
Mr Justice Ferriter accepted that there is some degree of prejudice against the defendants by the 30 months of inexcusable delay, but he said he was not persuaded that it is material prejudice. While it was stressed through submissions that the case against Mr Forkin and Mr Quigley is “unstateable”, the judge said it was not the court’s role to express any view on the strength or otherwise of the parties’ case on a dismissal application.