Mystery 'missing' building stalls insolvency hearing
Published 11/08/2011 | 05:00
A MYSTERY "missing" building was yesterday at the centre of a business dispute between a landlord and tenant company.
The question of its existence or disappearance emerged in the High Court after lawyers claimed a building, which was stated to be the registered office of one of the companies involved in the legal row, no longer existed.
But the judge said he could not deal with a petition to wind up the company until the matter of the missing building was resolved.
Behind the mystery is an attempt by Kilfoylan Vale Ltd, of South William Street, Dublin, to wind up another company, Salmoncita Enterprises Ltd, on the alleged grounds it continued to operate while insolvent and unable to pay its debts, including a rent bill for €85,000.
The court heard that Salmoncita Enterprises owns bar and nightclub AKA on Wicklow Street, Dublin, and rents its basement premises from Kilfoylan Vale.
Counsel for Salmoncita Enterprises said his client's registered office existed at Walnut Lodge, Carysfort Avenue, Blackrock, Dublin. He told the court that in accordance with the Companies Act, a statutory letter of demand for money owed and the petition to wind up a company must be served on a company's registered office, and this had not occurred.
But counsel for Kilfoylan Vale said his client had information that Walnut Lodge had been demolished some years ago and although stated to be the registered office of Salmoncita Enterprises, the building no longer existed.
Last week he gave Kilfoylan Vale leave to serve its petition to wind up Salmoncita Enterprises through the ordinary post.
The judge was told the purported existing registered office had turned out to be an old partly converted church or hall. Pictures revealed the front door of the building referred to, the former Meath Industrial School in Carysfort Avenue, bears a name plate with the words Salmoncita Enterprises Ltd., Registered Office, above the letter box. However, the court heard Kilfoylan Vale had information that the building was not Walnut Lodge, as claimed by Salmoncita Enterprises as its registered office.
The judge said the letter of demand and the petition had to be served at the company's registered office and he could make no order until such time as it was clarified whether or not it remained in existence.