The High Court yesterday dismissed an application made on behalf of businessman Mr John Carway, his son, daughter and a company, to strike out proceedings related to the circumstances of the sale of a Co Tipperary hotel.
Last March, the sale of the hotel by one company to another was described to the court as a "fraud" and a "sham". At that hearing, Mr Michael Collins SC, for Mr Vincent Duignan, liquidator of Verit Hotel and Leisure (Ireland) Limited, said the agreement surrounding the purported sale of the Ormond Hotel, at Kenyon Street, Nenagh, was fictitious.
At a previous hearing, it was alleged there was fraudulent preference in the transfer of the hotel from Verit, now in receivership and liquidation, to Letcane Investments Ltd, with registered offices at the Blue Dragon Inn, Ballinrush, Kilworth, Co Cork.
In court yesterday, Dr Michael Forde SC, for Mr Carway, with an address at Port Erin, Isle of Man; his son Stephen, and daughter Ms Elaine Carway, of Ballyvalley House, Killaloe, Co Clare, and Letcane, moved to have the proceedings alleging fraudulent preference struck out.
He said the plaintiff said he was making a case of fraud against his clients. If such a case were being made, it had to be made in a proper manner and this had not been done. There were ambiguities in the points of claim. There was an "inference of fraud" but it was not pleaded.
Mr Richard Nesbitt SC, for the liquidator, said the points of claim set out with particularity what was alleged. A fraudulent preference was alleged and three statutory reliefs were sought.
Mr Justice O'Sullivan awarded costs to the liquidator.
