Mr O’Callaghan denies the allegations against him concerning legal services provided for the sale of lands in Co Mayo 17 years ago. He set out a detailed alternative account of the disputed transaction.
Mr O’Callaghan pointed to various legal authorities to the effect a limited company cannot be represented in proceedings by a director. To have proceeded without affording Nirvanna the opportunity to engage a solicitor, after having ascertained that it intended to do so, would have been “procedurally harsh” and contrary to the policy of the legislation that gives the tribunal its powers, she said.
The tribunal had pointed to Mr O’Callaghan’s affidavit which noted Tom and Sean Fleming together own two-thirds of Nirvanna’s shares, and that the material before it was sufficient to satisfy itself that they were entitled to make the application.
Source: Law Daily Report (lawdailyreport.net)
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