High Court reporters
A provisional liquidator has been appointed to the company behind the well-known Green Hen restaurant in Dublin city, which the High Court was told is insolvent and which Revenue will move to wind up.
At an ex parte hearing – where only one side is represented – at the High Court today, Dermot Cahill SC, for the Revenue Commissioners successfully secured an order from Mr Justice Brian Cregan to appoint Myles Kirby as the provisional liquidator to Chequer Catering Limited.
Mr Cahill said that a winding up application for Chequer Catering will be made in January, adding that the insolvent company has an overall deficit of €1.8 million.
On foot of the Revenue Commissioner’s request, Mr Justice Cregan made the order over Chequer, which is owned by restaurateur and publican Frank Gleeson.
Mr Cahill said that an interim examiner had been put in place by the Circuit Court last Friday, December 13th, but that the company had withdrawn its application for the court’s protection and that a provisional liquidator was sought by Revenue.
Counsel said that the Green Hen is located at Exchequer Street, Dublin 2, and that the company’s two directors are Frank Gleeson of Churchtown, Dublin 14, and Ciara Fox, of Celbridge, Co Kildare.
Mr Cahill said Chequer owed €751,266.01 to Revenue made up of taxes in respect of PAYE, PRSI, USC, LPT, corporation tax and VAT over periods that stretch back to December 2019.
Counsel said that a week ago the company presented a notice of motion to Dublin Circuit Court seeking the appointment of an interim examiner pursuant to Section 509 of the Companies Act 2014.
Mr Cahill said that in the motion, the company stated it was unable to pay its debts which was confirmed by an affidavit from Mr Gleeson himself the day before.
Counsel said that application was also made on an ex parte basis and that Judge John O’Connor had said Revenue should be notified. Revenue responded the same day that they would oppose the substantive application.
In an affidavit, executive officer Philip Byrne said Revenue was “very anxious that a provisional liquidator be appointed” and, because of the inability to pay its debts, it was “just and equitable” that the company be wound up.
Earlier this morning, Ross Gorman BL, for Chequer told Dublin Circuit Court that the company was withdrawing its application to be placed in examinership.
An affidavit filed by Revenue said the company was without a liquor licence since September 2022 but that its creditors include several wine suppliers.
The affidavit also states that the company is without a fire safety certificate.
Mr Justice Cregan appointed Mr Kirby as provisional liquidator to the company and adjourned the matter to January 27th to allow time for a petition to wind up Chequer to be entered before the court.
