Killarney Brewing and Distilling and the Revenue Commissioners have clashed over who should be appointed liquidator over the failed business. The company sought the appointment of a liquidator over the business in a High Court hearing on Friday.
A decision on the case has been postponed until Monday by Mr Justice Michael Quinn after Revenue, which claims it is owed over €1 million from the business, opposed the company’s choice of liquidator.
The distillery’s staff were told that operations would cease on Thursday in advance of the hearing. The business was has been under examinership since mid-April but did not secure the investment necessary to keep the business afloat in time.
Representing the company, Barrister Declan Murphy petitioned the court to appoint the existing examiner, Deloitte’s James Anderson, as the liquidator over the company.
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He told the court that Killarney Brewing and Distilling and its seven constituent entities had “no alternative” other than liquidation and that the directors believed the time had come to bring the life of the business “to an end”.
Mr Murphy said it was a “sad day” for the investors, directors, workers and the broader community in Killarney, Co Kerry, and that the company was “very grateful” to the examiner for the services thus far.
The court heard that the examiner, Mr Anderson was willing to be appointed as liquidator over the company.
[ Killarney Brewing and Distilling staff told operations to ceaseOpens in new window ]
Barrister Sally O’Neill, for the Revenue Commissioners, said she represented the largest unsecured creditor once discounting inter-party debts. She said Revenue was owed, across the seven petitioning companies, “more than €1 million”.
She disputed the appointment of the existing examiner, petitioning the court to appoint Myles Kirby of Kirby Healy Chartered Accountants as the examiner instead.
Ms O’Neill argued that Revenue should be heard in the decision as to who would be appointed as the liquidator, pointing to precedent set during the liquidation of Star Elm Frames Ltd.
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Mr Murphy said he was “taken by surprise” by the stance of the Revenue Commissioners over the appointment. The court heard that Revenue only held a small part of the overall debts in the group of companies. .
Mr Murphy said he did not believe “this particular tail should wag the dog” and said Revenue’s interpretation of the Star Elm case was a “misconception” of the case and was “wrongfully applied”.
Ms O’Neill argued that once accounting for inter-party loans and the secured debtors, Revenue accounted for a significant portion of the companies’ debts. She said the petitioners were putting the views of the creditors secondary to the views of the company.
[ ‘Asset rich’ Killarney Brewing seeks court protection from creditorsOpens in new window ]
Mr Justice Quinn said that Revenue held a large portion of the debts in two of the companies – which were involved in construction. He said he had anticipated making a decision on the matter during the hearing but, after hearing the arguments would delay a decision to Monday,
The court protection over the company has been extended until Monday when Mr Justice Quinn is expected to rule on the case.
Should the examinership be unsuccessful, it is understood that Bailmo Limited, the sole secured lender which holds debts in excess of €3 million, was neutral on who would be appointed as liquidator.
Founded by local businessmen Tim O’Donoghue and Paul Sheahan in 2013, the parent company of the group has not filed accounts since 2023.
In its more recent filings with the Companies Registration Office, the company reported a turnover of more than €2 million for 2022. The business lost €1.61 million in 2022 and had accumulated losses of €4.15 million.
