Liquidators' investigation into fraudulent trading at window firm continues

Firm ceased trading last December owing about €1.2m in customer deposits it received for 225 unfulfilled orders

Creditors alleged the firm and its senior management engaged in fraudulent activity, the High Court heard.

The liquidators of a Dublin windows and doors company are continuing their investigations into whether the firm engaged in fraudulent trading in the run up to its collapse, the High Court has heard.

DK Windows and Doors ceased trading last December after the landlord of its Westland Business Park premises changed the locks due to rent arrears. The firm owed about €1.2m in customer deposits it received for 225 unfulfilled orders.

The High Court appointed joint liquidators Nicholas O’Dwyer and Colm Doran on the application of the company, whose sole director is Darragh Kane.

Creditors alleged the firm and its senior management engaged in fraudulent activity, the court heard.

On Wednesday, solicitor Graham Kenny presented the liquidators' third updated report on the liquidation to Mr Justice Brian Cregan.

Mr Kenny said, among other things, that the liquidators entered into agreements with third parties to effectively assist customers whose work remained outstanding in having their windows and doors installed.

He said the company director had provided responses to the investigation and the liquidators are obliged under company law to file a report with the Office of the Director of Corporate Enforcement, who will provide a report later this month.

He said there was also a report compiled on behalf of 50 customers which alleged fraudulent and reckless trading by DK Windows and Doors, but Mr Kenny stressed that was still under investigation.

The investigation had also found a number of significant payments were made to Revenue and certain suppliers in the lead-up to the liquidation, along with an unusual sales and marketing campaigns, including a Black Friday sale. 

The books and records are unclear as to where the money for these payments came from.

The responses from the director to queries raised by the liquidators have led to very serious follow-up questions, Mr Kenny said.

It is unlikely there will be any return to creditors from the liquidation at this juncture, he said.

Mr Kenny also said if the liquidators believed there was fraudulent and reckless trading, the issue of personal liability would arise and it would be open to them to pursue that or to pursue restriction/disqualification proceedings.

Mr Justice Cregan said he would adjourn the matter to late June for a further update on what steps were to be taken in the liquidation.