A BALLYBOFEY firm has lost its appeal against a decision to award more than €4,000 to a businessman who bought ‘defective fuel’ from their premises.
At a sitting of Letterkenny District Court in September, 2012, Stephen Bradley of Killtown, Killygordon successfully sued Twin Towns Oils Ltd, Cappry, Ballybofey.
Mr Bradley sued the company for loss and damage as a result of the sale and supply of defective fuel on or about January 31, 2011.
The plaintiff said he was out of pocket to the tune of €4,289.65 after his van engine was destroyed by the fuel.
However, an appeal against the District Court order was brought by Seamus Duffy of Twin Towns Oils at last week’s special sitting of Buncrana Circuit Court.
In evidence, both Mr Duffy and his mechanic strongly disputed Mr Bradley’s claims.
Mr Bradley also gave evidence as did Mr Martin Boylan, of the Independent Laboratory Ltd in Dublin. Mr Boylan told Judge O’Donoghue that the diesel he tested for the plaintiff had a “high water content.”
After hearing almost two hours of evidence and submissions, he reserved judgement until the following day.
On Thursday afternoon Judge O’Donoghue said he was ruling in favour of Mr Bradley, affirmed the order made in 2012 and awarded costs to him, including costs for his counsel, Damien Crawford (BL).
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