Judge strikes out petition to wind-up firm

THE High Court has struck out a petition seeking to have a construction company of developer Thomas McFeely wound up.

The Revenue Commissioners were seeking the winding up of Coalport Building Company Ltd, Holles Street, Dublin over a debt of €140,000.

However, that debt was settled, and the matter was before the court to see if any other parties, who had previously claimed they are owed money by Coalport, wished to take over the petition.

Yesterday, lawyer for one of the parties, Theresa McGuinness, told Ms Justice Mary Laffoy that she did not intend to take over the petition. Ms McGuinness, of Brook Lane, Rush, Co Dublin, has claimed she has not received €350,000 owed by Coalport following her High Court action against the firm in 2009.

Previously, Ben Ó Flionn, counsel for MCR Personnel Ltd, who had claimed that Coalport has failed to satisfy a debt due to it of €40,000, said his clients would not be taking over the petition. Thomas McFeely, a former IRA hunger striker, and his brother Noel are listed as directors of Coalport.

Revenue had petitioned the court to have the company wound up on grounds its demand had not been satisfied and it was of the view Coalport was insolvent, was unable to pay its debts of €144,000 for unpaid VAT and PRSI.

Last month, Ms Justice Laffoy appointed a liquidator to Coalport after being told the company had failed to satisfy the demand made by Revenue. Following the decision, the company appealed the winding up order to the Supreme Court.

When the matter came before the Supreme Court, Revenue said it wished to withdraw its’ petition.

The court heard Coalport had paid in full the amount sought by Revenue and the matter was remitted back to Ms Justice Laffoy, who vacated the winding up order.