Taking auditor to small claims court

HarrierJoe

I have a small startup co and had an auditor doing my books for almost 2 years. He was always late and never did anything on time. My problem is that he was suppose to finish my financials so I could file with the CRO for the last financial year. I was on to him for months reminding him and every time he'd promise that it would be ready. I also reminded him that the filings had become late and that I was incurring penalties and he insisted that he is almost done. Then, the last time I spoke to him, he said that he could not finish my statements as his license got suspended (he did not elaborate), and that i needed to find another auditor. (i had already paid him for his services, but he said he never lodged the check and that I can take it back as he effectively didn't do anything.) So i discovered that he did absolutely nothing with preparing my financials when he handed all my documents back to me.

my issue is that i had contracted him for a service that he never actually performed, and had to spend more money to get a new auditor to prepare the financials, as well as the penalty for late filing with the CRO. it was his fault i am late to begin with, so my question is: can i take him to small claims court and demand him pay the penalty charges incurred due to late filing with the CRO and the difference of the much more expensive (and new) auditor to get my statements prepared?

It's not that much money - the differences in auditor fees is about 300 euros and the penalties with the CRO is about 400 totalling around 700 that i have to fork out now in addition. most co's would prob not even bother but as i said i am a small startup where every penny counts!

any advice would be appreciated - TIA

445279.ie

http://www.courts.ie/Courts.ie/Library3.nsf/6556fea313d95d3180256a990052c571/37871905aee98cae8025715c0051b827?OpenDocument

The procedure cannot be used by one business person against another