Court: Prove building exists

A HIGH Court judge has asked legal parties in a business dispute to either prove to the court the existence of a building or confirm its disappearance.

Mr Justice John Quirke said yesterday he could make no order in a petition by a landlord to wind up his tenant’s company until the case of the missing building was resolved.

Barrister Eamon Marray, counsel for Salmoncita Enterprises Ltd, told the court his client’s registered office existed at Walnut Lodge, Carysfort Avenue, Blackrock, Dublin.

The court heard that Salmoncita owns AKA bar and nightclub at 6-8 Wicklow Street, and rents its basement premises from Kilfoylan Vale Ltd, South William Street, Dublin.

Kilfoylan Vale seeks to wind up Salmoncita on the alleged grounds it continues to operate while insolvent and unable to pay its debts, including a rent bill for €85,000.

Counsel for Kilfoylan Gary McCarthy told the court his client had information that Walnut Lodge was demolished some years ago and, although stated to be Salmoncita’s registered office, the building no longer existed.

Last week when he gave Kilfoylan Vale leave to serve its petition to wind up Salmoncita through the ordinary post, Mr Justice Michael Peart was told the purported existing registered office was, in fact, an old, partly-converted church or hall.

Pictures reveal that the front door of the building, the former Meath Industrial School in Carysfort Avenue, bears the words Salmoncita Entreprises Ltd, Registered Office, above the letterbox.

Mr McCarthy said Kilfoyle Vale had information that the building is not Walnut Lodge as claimed by Salmoncita Enterprises as its registered office.

Mr Marray said that in accordance with the Companies Act a statutory letter of demand for money owed and the petition to wind up a company must be served on a company’s registered office and this had not occurred.

George McLellan, company director of Kilfoylan Vale, claimed in an affidavit that annual returns indicated Salmoncita was trading while insolvent had a judgment against it for €28,800 and owed commercial rates of €196,000.

He said that since the address of the registered office of Salmoncita no longer existed the statutory demand for rent of €85,000 and copies of the petition had been sent to John Wrafter at Wicklow Street, Dublin, and directors Leigh Wrafter, Larch Hill, Delgany, Co Wicklow, and Danielle Wrafter, Ceol Na Nean, Delgany, Co Wicklow.

Company solicitors also received copies.

Judge Quirke said THAT the letter of demand and the petition had to be served at the company’s registered office and he could make no order until it was clarified, regardless of whether it remained in existence.

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