Peter McVerry Trust given week to complete purchase of Killarney greenfield site

A booking deposit of €10,000 had been paid over by the homeless charity, but the remainder of the money is outstanding now by six months, the Circuit Civil Court in Killarney heard.

The Peter McVerry Trust has been ordered to complete the purchase of a €300,000 greenfield site in Killarney town centre and has been given one week to do so.

The site, at Fleming's Lane, High Street, has planning permission for a sheltered facility for children and young people.

The Circuit Civil Court has already heard how the homeless charity had entered into an agreement with Nocwerdna Ltd, High Street, Killarney, in January to purchase the greenfield site at Fleming’s Lane, with a view to constructing the sheltered facility. A written contract had been entered into in March. The closing date for the sale was May 4 with money to be paid over.

A booking deposit of €10,000 had been paid over by the homeless charity, but the remainder of the money is outstanding now by six months, the Circuit Civil Court in Killarney heard.

"We have a booking deposit paid and a defendant who simply refuses to complete the purchase," Elizabeth Murphy, barrister for Nocwerdna told Judge Terence O’Sullivan.

"My application is for an order to transfer €290,000 to us," Ms Murphy said.

Conflicting issues

However counsel for the Peter McVerry Trust, Shane Kelly, asked for the motion to be struck out. There were a number of conflicting issues and the matter should go to a full hearing, Mr Kelly said.

The issues included the contract and the exact date in March, the return and signing of the contract, and the registered owner of the site.

"The plaintiff in this case, Nocwerdna Ltd, pleads he is the registered owner. That company isn’t the registered owner. It is Con Duggan Ltd," Mr Kelly submitted.

It was incumbent on Mr Duggan to put evidence before the court as to the ownership of the property, the defence barrister said, adding Mr Duggan "hasn’t been full and frank".

Documents before the court, including a letter in August from the CEO of the Peter McVerry Trust, showed there was "no doubt" by the CEO herself but that this was an executed contract, Ms Murphy said.

"There may be a conflict of evidence, but not a conflict of relevant evidence," Ms Murphy said.

Judge O’Sullivan granted the order/ decree to complete the contract. 

Counsel for the trust Mr Kelly asked for a stay on the order to appeal the matter. Judge O’Sullivan refused.