Ruling in civil case goes in favour of contractor

DAY two of a civil case in which an agri-contractor and a farmer sued each over money claimed owed, resulted in victory on points to the contractor.

Judge Gerard Haughton heard evidence from Clonmines, Wellingtonbridge businessman Pat Roche of Pat Roche Contracting Limited on a previous occasion.

At the District Court sitting in Ardcavan on June 23 it was the turn of farmer John Cullen of Maxboley in Ballymitty to make the case that he was the one who should be paid.

The judgement went mostly in favour of Roche’s company, to the tune of a decree for more than €6,900 though this was less than €8,000-plus he was seeking.

He was also granted most of his legal costs in the matter.

The court was given extended testimony by John Cullen on his dealings with Roche which extended over three decades, with the contractor on the guest list for the farmer’s wedding.

Roche grew corn on land which he rented from Cullen, who ran into some financial difficulties and also health problems.

The farmer felt that he was paid under the odds for the land and also felt that the €10 an hour which Roche paid him for driving a lorry was not enough.

Problems came to a head in 2014 when both men felt that they were entitled to draw the straw from a field, Cullen as bedding for cattle and Roche to supply a bio-electricity plant.

In reaching a verdict, the court took note of the fact that Cullen drew down Single Farm Payments from the EU to the tune of €36,670 in 2014 alone.

He was also received payments from the AEOS scheme which encourages good environmental practices.

The judge observed that it was unfortunate that two such hard working and decent gentlemen should have found themselves before him. Both had entered into their verbal contract in good faith, though it was unwise that nothing had been written down.

In addition it appeared that Cullen had little or nothing in the way of documentary records.

He had been ill and had put the matter on the long finger.

The court ruled that Roche Contracting was right to claim the straw and was not required to carry out work on hedgerows or liming of the land, as suggested by the farmer.

On the other hand, Cullen was entitled to €15 per hour as a self-employed lorry driver rather than the tenner allowed by Roche.

The judge noted that Cullen felt he should be paid €150 per year for each acre rented out to Roche, who had calculated that €120 was sufficient.

The court concluded that €130 per acre was a fair annual rent.

It all added up to a court decree in favour of Pat Roche Contracting Limited for the €6,955.