A Galway dentist taking a case in the Small Claims Court over the disputed loss of a piece of agricultural equipment was advised by a Judge to “have a chat outside” with the man he was suing to see if they couldn’t come to some agreement rather than have the dispute go to a third day in Court.
Judge James Faughnan proffered his advice when the claim came before him for a second time at Ballinasloe District Court on Monday, January 8.
Dentist Joe Nolan of Leagaun, Moycullen is suing Martin Lenihan of Lenihan Engineering, Ballynaclough, Cappataggle over the alleged loss of a topper which Nolan claims was worth €2,000.
Viewing photographs of the topper, Judge Faughnan described it as a rust bucket and probably the only thing of any value were the tyres. He advised both men to meet outside the Court and settle their dispute amicably as he could see no point in both of them wasting a third day in Court over this matter.
Martin Lenihan responded that he had offered an “olive branch” of €1,000 to the claimant but this had been rejected. “A half a loaf is better than none,” the Judge responded and urged Nolan to reconsider the offer.
A topper is a machine with rotary blades attached to a tractor which cuts the top off grass, weeds and other growth to promote healthier grass regrowth and control weeds.
The kernel of the case is that the claimant alleges that the respondent scrapped his topper without his permission. The respondent in his defence said he was asked to repair the machine but found it was beyond repair and it was difficult to contact Mr Nolan to take instructions from him. He said he had tried to dismantle the hopper but it was too far gone.
When the Judge asked Nolan why he hadn’t come and taken his topper back from Lenihan he replied: “I’m a dentist in Galway and very busy.”
Lenihan said the topper was rusted beyond repair and produced photographs to support this. When the Judge offered Nolan an opportunity to view these photos he replied: “I don’t need to see them. It’s my own machine.”
Judge Faughnan then asked Lenihan how much he thought the topper would fetch on Done-Deal. “Nothing,” he replied. “No one would want to buy that”.
Nolan insisted that he could produce evidence from a mechanic that would support his claim. However the Judge told him: “You are a dentist. You know how evidence works,” explaining that the mechanic in question and any other witnesses must be present in Court to present their evidence and to submit to cross-examination.
Agreeing to adjourn the matter until March 12 when the evidence referred to could be presented, the Judge advised both parties to try and settle the matter rather than waste more of their time coming to Court on a third occasion. He urged them to think of what it was costing them both to spend further time on this.
“Look at that machine. It’s a rust bucket. The tyres are probably the only thing worth anything,” he said.
This article is funded by Comisiún na Meán.
