The company operating the Rose of Tralee festival has repaid a loan for €96,414 provided to it by one of its shareholders, a court has heard.
Richard Henggeler brought legal proceedings last April against Kerry Rose Festival Ltd, with registered offices at Denny Street, Tralee, seeking the repayment of the demand loan.
Mr Henggeler, a 31.1 per cent shareholder in Kerry Rose Festival, initially made the loan in 2014 and 2015, the court heard.
Gary McCarthy SC, appearing for Mr Henggeler, told Mr Justice David Nolan on Monday that the loan was repaid last week. Mr Justice Nolan awarded Mr Henggeler the costs of his action, after finding that he was justified in initiating his proceedings against the company seeking repayment.
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In separate but related proceedings, Mr Henggeler is suing Anthony O’Gara, chief executive of Kerry Rose Festival Ltd, alleging shareholder oppression. Mr Henggeler’s case is also against another director of the company, accountant John McCarthy, again alleging shareholder oppression.
The respondents to this set of proceedings, taken under section 212 of the Companies Act, are Kerry Rose Festival Ltd, Mr O’Gara and Mr McCarthy. The case is back before the High Court late next month.
Mr Henggeler is seeking various reliefs in his action, including orders requiring Mr O’Gara and Mr McCarthy to sell their shares in Kerry Rose Festival to him.
Mr Henggeler is represented by Tralee-based solicitors Cadogan O’Regan LLP.
He is the father of the 2011 Washington DC Rose Dorothy Moriarty Henggeler, who died of a brain haemorrhage shortly before her 28th birthday. He and his wife, Eibhlin, brought their daughter’s body back to Ireland to be laid to rest in her mother’s hometown of Killarney.
At the time of the festival in 2011, Dorothy, known as Dott, worked as a communications co-ordinator for T Rowe Price, having graduated from Virginia Tech with a degree in communications. She also worked for Tourism Ireland in New York.
