By Gordon Deegan
A row between two north Clare landowners over an alleged ‘infertile bull’ has been struck out in court.
The hearing of the case had been delayed a number of months due to Covid-19 restrictions on court business.
When the case came up for mention at Ennis District Court to arrange a date for hearing, solicitor for north Clare man Noel Considine, Shiofra Hassett, told Judge Patrick Durcan that the case could be struck out with no order.
Alleged Breach of contract
In the alleged breach of contract case, Mark O’Rourke of Ballyea, Ennistymon, was suing Noel Considine of Ballyconnone, Lisdoonvarna, concerning the alleged infertile bull.
Previously, solicitor for Considine Daragh Hassett told Judge Durcan that he was well qualified to hear a contested ‘infertile bull’ case as he has an understanding of the birds and bees and how cattle operate.
Last May at Ennis District Court, Daragh Hassett told Judge Durcan that “the case can’t be settled and is a runner”.
Mr Hassett told Judge Durcan that “it is a ‘crush’ case and the plaintiff alleged that the bull is infertile”.
There were to be six witnesses in the case and the case was expected to take half a day.
Hassett told Judge Durcan that he would be well qualified to hear the case when it goes to hearing.
In response, Judge Durcan said to Hassett: “I don’t know quite what you mean by that.”
In reply, Hassett told the Co. Mayo native: “Judge, you come from a rural background. You have an understanding as to the birds and the bees and cattle and how they operate.”
After being told the nature of the case at a previous court hearing, Judge Durcan quipped “by the time I will have heard everything on this, I will be saying a lot of bull”.
The matter has been struck out.