The Daughters of Charity of St Vincent de Paul have received almost all of the amount due to them under a 2008 contract for sale of lands owned by them in Malahide, Co Dublin, the Commercial Court heard today.
The religious order had brought proceedings against Thomas Kelly, Woodville, Bealistown, Ballyboughal, Co Dublin, for orders requiring him to perform a January 28th 2008 contract for the sale of a property - Fort Grantie, Coast Road, Malahide - for €3.1m by September 2008.
The case was settled in March 2009 on terms but lawyers for the order had brought an application to re-enter the proceedings today for the purposes of enforcing that settlement, which included provisions that various payments would be made by Mr Kelly on various agreed dates.
It was claimed Mr Kelly had failed to pay a sum of €400,000 due on June 6th last despite been given considerable leeway by the order at all stages.
When that application came before Mr Justice Peter Kelly today, he was told it was not proceeding as a substantial payment had been made last Friday evening by Mr Kelly.
The judge noted he had previously observed the order was living up to its name as the defendant had already been given three opportunities to comply with the settlement.
He agreed to make an order, on consent of both sides, striking out the motion with liberty to apply.
The judge also noted all but a relatively small sum remained outstanding to the Daughters of Charity under the settlement.
The case was brought by the Daughters of Charity of St Vincent de Paul service for persons with a mental handicap and Dundaragh Holdings, a property holding company for the order.