Keegan Quarries Ltd -v- Mc Guinness & Anor [2011] IEHC 453 (09 December 2011)

Keegan Quarries Ltd -v- Mc Guinness & Anor [2011] IEHC 453 (09 December 2011)

The Court found Mr. McGuinness knowingly made false representations regarding the quarry's pre-1964 operation, intending to induce Keegan Quarries to contract. The plaintiff relied on these representations and suffered loss. The transfer of land to Mrs. McGuinness was not proven to be void under s.74 Land and...

Source-derived case information.

Citation
[2011] IEHC 453
Parties
Plaintiff: Keegan Quarries Limited; First Defendant: Michael McGuinness; Second Defendant: Marie McGuinness
Jurisdiction
Ireland
Judgment Date
09 December 2011
Procedural Posture
Commercial High Court Action / Final Judgment
Outcome
Judgment for the plaintiff in part; damages awarded for fraudulent misrepresentation; claim to void land transfer dismissed.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Breach of Warranty, Planning Law, Land Transfer
Contract Law Tort Law Property Law Fraudulent Misrepresentation Negligent Misrepresentation Breach of Warranty Planning Law Land Transfer

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Parties

Keegan Quarries Limited

Plaintiff

Michael McGuinness

First Defendant

Marie McGuinness

Second Defendant

Procedural Posture

Commercial High Court Action / Final Judgment

Legal Issues

  1. 1 Whether Mr. McGuinness made fraudulent or negligent misrepresentations regarding the quarry's pre-1964 operation
  2. 2 Whether Keegan Quarries relied on such misrepresentations in entering the contract
  3. 3 Whether damages or rescission are warranted

Ratio Decidendi

The Court found Mr. McGuinness knowingly made false representations regarding the quarry's pre-1964 operation, intending to induce Keegan Quarries to contract. The plaintiff relied on these representations and suffered loss. The transfer of land to Mrs. McGuinness was not proven to be void under s.74 Land and Conveyancing Law Reform Act 2009.

Court Disposition

Judgment for the plaintiff in part; damages awarded for fraudulent misrepresentation; claim to void land transfer dismissed.

Orders

  • Mr. McGuinness to pay damages to Keegan Quarries for fraudulent misrepresentation.
  • Claim to void transfer of Hilltown farm to Mrs. McGuinness dismissed.