Wind-up orders on meat firms
When appointing Ken Fennell as official liquidator, Ms Justice Carroll dismissed as unfounded a number of allegations made against Mr Fennell, who was appointed provisional liquidator, in relation to the conduct to date of the liquidation.
Both companies were said to be insolvent and unable to pay their debts.
The directors had sought to have Mr Fennell appointed as liquidator but Mr Fennell’s proposed appointment was opposed by Peter O’Connor, of O’Connor Meats, and by Joe Hayes of Garbally Manufacturing Ltd.
Both O’Connor Meats and GML were described as substantial creditors of the company.
In an affidavit, Mr O’Connor made a number of allegations, including claims Birr Meats had continued to trade while insolvent. He also made allegations about Mr Fennell’s conduct as provisional liquidator and sought the appointment of a different liquidator to sell the company as a going concern.
The claims that the company continued to trade while insolvent were refuted by the companies and Mr Fennell, represented by Lyndon MacCann SC and Eamon Marray, denied as “scurrilous” and totally untrue the allegations made about his conduct of the liquidation. He said he had acted properly at all times.
After hearing a large number of affidavits and submissions on behalf of the two companies, Mr Fennell and O’Connor Meats and Garbally, Ms Justice Carroll said yesterday she would make the winding up orders sought and would also appoint Mr Fennell as liquidator to both companies.
In 2002, an examiner was appointed to Rudds, which then employed 25 people. The Rudd company was incorporated as Prue and David Rudd and Family Ltd.
After efforts to save the business of the two companies were unsuccessful, Birr Meats had earlier this year initiated proceedings to wind up itself and Rudds and Mr Fennell was appointed last April as provisional liquidator.
