That recommendation was put on hold pending the outcome of the appeal, though Mr O’Callaghan has been suspended since 2018 over a separate matter. In upholding the tribunal’s finding of conflict of interest, Mr Justice O’Higgins said that any solicitor acting for both parties “does so at his peril”. He also allowed the appeal on the grounds that Mr O’Callaghan continued to act for the purchaser and a complaint over the adequacy of service provided. However, Mr Justice O’Higgins said he was “deeply unimpressed” that Mr O’Callaghan did not advise Nirvanna and Mr Fleming to get independent legal advice. Mr O’Callaghan has been suspended since 2018 on foot of a separate Law Society investigation into matters at his practice.
