A company that took a High Court case against Cork City Council has gone into liquidation with debts of more than €500,000.
The judicial review proceedings taken by Ballintubber Heights Ltd over a housing scheme planned at Blackrock, Cork, by the developer Mr Owen O'Callaghan, were thrown out by the High Court last summer.
Ballintubber is controlled by Ms Gillian Cantillon, wife of the leading Cork solicitor Mr Ernest Cantillon. Their home is near the proposed 73-unit development at the site of the former Rochelle school.
An Bord Pleanála overturned the original planning approval granted by Cork City Council, then Cork Corporation. When a second approval was granted, the decision was appealed to An Bord Pleanála by Ms Cantillon and another member of her family.
An Bord Pleanála then upheld the planning approval.
In November 2001, Ballintubber initiated judicial review proceedings. The action was rejected by the High Court last June. In July the court refused to grant the firm permission to appeal the case to the Supreme Court.
Mr Justice Ó Caoimh ordered Ballintubber to pay costs owed to Cork City Council, An Bord Pleanála and Mr O'Callaghan.However, the firm went into liquidation this week. Monies owing to the parties are believed to exceed €300,000.
An estimated statement of affairs presented to a creditors' meeting last Monday shows Ballintubber Heights Ltd had a bank balance of €63,486, significantly lower than its liabilities.
Mr Michael Long of PricewaterhouseCoopers (PwC) was appointed liquidator.
When contacted yesterday, Ms Cantillon declined to comment about the liquidation.
As an unsecured creditor, she is due €63,487 from the company - almost the same amount as the bank balance.
Other unsecured creditors include Mr Ernest Cantillon's legal firm, which is owed €109,155. The accounting firm P.A. McCarthy & Co is owed €1,573.
Mr O'Callaghan's company, Classes Lands Ltd, is also an unsecured creditor. Although the exact amount it is owed by Ballintubber has not been ascertained, the figure is understood to be around €200,000.
Cork City Council's liability has also not been ascertained, according to the statement of affairs. But the council's spokesman said the sum concerned was €114,436.77 before tax.
"I can confirm that we are unsecured creditors to the company and that relates to our cost of successfully defending the judicial review proceedings taken against Cork City Council," he said.
An Bord Pleanála's costs were also unascertained, but they are thought to be substantial.
An Bord Pleanála sanctioned the project again last month after the judicial review was rejected. But on December 9th, Mr Justice Ó Caoimh quashed that decision after Mr O'Callaghan and Ms Cantillon took separate proceedings over procedural errors in An Bord Pleanála.
The appeal was sent back to An Bord Pleanála for decision again. It's ruling is awaited.
