High Court grants judgment to the plaintiff in the sum of €5.5 million for fraudulent misrepresentation, together with an order declaring void a transfer of property between defendants.
Contract law - fraudulent / negligent misrepresentation - breach of warranty - transfer of lands - s. 74 of the Land and Conveyancing Law Reform Act 2009 - whether transfer void - contract for sale of quarry - contract conditional on planning permission - representation that quarrying commenced prior to 1 October 1964 - quarrying actually commenced around 1989 - whether representation induced the contract - whether false representation made innocently, relying on third party information - whether loss caused by false representation - s 261, Planning and Development Act 2000 - scheme for control of quarries - requirement for information relating to quarries - pre-contractual representations and post-contractual representations made in replies to requisitions - whether mere silence could constitute a misrepresentation - lack of positive assertion that quarry continued in operation between 1964 and 2007 - proof of actual fraud required - whether defendant included in s 261 application form facts which he knew to be untrue - whether representation had to be the sole or even dominant reason for plaintiff to enter into contract - reply to requisition stating that quarry had been used continuously since 1964 - entitlement to damages for fraudulent misrepresentation and deceipt - whether costs of related proceedings arose as the result of defendant's fraudulent misrepresentation - fraudulent conveyance between first defendant and his wife, being the second defendant - whether conveyance for the purpose of defrauding creditors.