Thursday 22 March 2018

Businessman Noel O'Gara barred from taking further Darmouth Square legal action

Aodhan O'Faolain

THE High Court has barred businessman Noel O'Gara from bringing any further legal actions in relation to Dartmouth Square in Dublin.

The order was made by Mr Justice Peter Charleton today after he dismissed Mr O'Gara's application for an injunction against Tom Murray, the official liquidator of a company co-owned by Mr O'Gara and his wife Naramon, aimed at preventing the closure of the sale earlier this month of the two-acre site.

The O'Gara company, Marble & Granite Tiles Ltd, bought Dartmouth Square in 2005 for about €750

Mr O'Gara brought the action because he said that he was the victim of an alleged fraud.

Mr Murray had denied the claims, and his lawyers told the court that he had at all times acted in the best interests of the company in liquidation.

In his ruling today, Mr Justice Charleton said that nothing had been put before the court by Mr O'Gara that would allow him make an order halting the sale of the Ranelagh property.

The Judge, following an application by Mr Murray's lawyers, also made orders striking out all Mr O'Gara's proceedings against Mr Murray and granted orders preventing Mr O'Gara, his company or entity on their behalf from bringing any further action in relation to Dartmouth Square, unless he obtained permission from the President of the High Court .

The Judge added that Mr O'Gara's attitude to this and other related proceedings, which had significantly increased the costs of the liquidation, was indicative of a state of mind that was "not prepared to let things go."

The Square was put up for sale at Allsops auction earlier this month.

It was bought jointly by local residents and Dublin City Council for €142,000.

Mr O'Gara claimed the site was worth much more, and that there was conspiracy to put off buyers.

In his ruling Mr Justice Charleton said that the special conditions of the sale meant that any one who bought the property would have do their own check as to the title.

He said that Mr O'Gara's action had no prospect of success, there was no evidence of any fraud and the court was satisfied to dismiss the action.

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