Dutch firm alleges Limerick company failed to complete €1.35m crane sale
Posted on 16th January 2023 at 20:56
The case was admitted to the High Court’s fast-track commercial list on Monday
A Limerick company failed to complete the sale of a €1.35 million crane to a Dutch firm, it has been claimed in the Commercial Court.
Used Cranes and Materials (UCM) of Holland is suing O’Carroll Haulage and Crane Hire Ltd, of Kildimo, Limerick, which is controlled by Maurice O’Carroll.
UCM says Mr O’Carroll agreed, through a UK-based agent representing UCM, to sell the Liebherr LTD 1230-5.1 mobile crane for €1.35 million last September.
Maarten Verschoor, a director of UCM, said in an affidavit that a 10 per cent deposit was paid last September 9th. UCM had agreed an onward sale to another party in the USA for some US$1.6 million (€1.4 million) but first needed to purchase some parts and do some work on the crane.
On November 7th, Mr Verschoor said, Mr O’Carroll informed UCM’s agent he no longer wished to proceed with the sale and there was an attempt to return the deposit that was refused.
UCM says it has spent some €166,000 on the spare parts and incurred some €74,000 in foreign exchange losses as a result of having to re-convert the US purchaser’s monies back to dollars when it became clear the money would have to be refunded.
In legal correspondence, O’Carroll Haulage asserted payment for the crane was expected when the invoice was sent to UCM. Mr Verschoor disputes this and says UCM heard nothing from O’Carroll Haulage about not having received full payment.
UCM was also told the crane had been sold to another party who paid in full.
UCM is seeking an order from the court for specific performance of the agreement to sell the crane or damages in lieu of such performance.
On Monday, Mr Justice Denis McDonald admitted the case to the Commercial Court on the application of UCM. The judge was told O’Carroll Haulage was neutral on the admission application.
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