High Court rejects Monaghan lender's application to recover €8.8m debt from Paddy McKillen jnr
High Court rejects Monaghan lender's application to recover €8.8m debt from Paddy McKillen jnr
Eoin O'Hare
14:52
Úna Tighe, barrister for McKillen jnr, told the High Court that there were 'procedural irregularities' in the proceedings launched by Cabriz Finance.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RTÉ News
11 hours ago
- RTÉ News
Kildare County Council gives green light for €3 billion 'next generation' data campus
Kildare County Council has given the green light to a €3 billion "next generation" data centre campus despite calls by environmentalists to refuse planning due mainly to the increased greenhouse gas emissions it will produce. In the decision, the Council has granted planning to multimillionaire engineering entrepreneur and co-owner of Monaghan-based forklift manufacturer Combilift, Robert Moffett's Herbata Ltd's plans for the six data centre campus for a site next to the M7 motorway and business park at Naas, Co Kildare. Underlining the scale of the proposal, the Council is requiring that the applicants pay €8.3m to the local authority in planning development contributions in one of 77 conditions attached to the permission. Over a 20 year period, the applicants have estimated that the project will produce 11.6m tonnes of CO2 describing the climate impact as not significant. This is in contrast to the views of An Taisce, Friends of the Earth Ireland and Friends of the Irish Environment (FIE) which have all called on the Council to refuse planning permission due to the negative climate impacts of the development. The applicants state that the data centre will not be reliant upon the existing electricity generation and that 50% of the data centres' power requirements will be provided through renewable energy via Corporate Power Purchase Agreements (CPPAs) and on-site solar panels. In reaching its decision, the Council stated that the application has been assessed in relation to national, regional and local policies including those related to climate action. The council stated in making its decision it had regard to the provisions of the Climate Action and Low Carbon Development Act 2021; the Climate Action Plan 2025; the principles contained in the Government Statement on the Role of Data Centres in Ireland's Enterprise Strategy and the Data Centre land use zoning for the site. The Council's planner's report recommending that planning permission be granted stated that there are still some outstanding issues that would require further revision. The planners state that this includes the source of electricity to power and support the data centre site. As a result, the council has imposed a condition that prior to the commencement of the development that the applicant demonstrates evidence of a formal grid connection with Eirgrid to cover the full electrical load of the development through all phases of the development. In another condition attached to the permission, the applicants must provide details of CCPA that the developer has entered into. The case is already certainly due to go before An Coimisiún Pleanála via third party appeals due to the strength of opposition against the proposal from An Taisce, FIE and Friends of the Earth Ireland. On behalf of Friends of the Earth Ireland, Campaigns Director Jerry Mac Evilly told the Council last month that "the central message of this submission is that the applicant has not clearly or sufficiently addressed significant emissions impacts of the six gas-powered data centres. We therefore call for the application to be rejected". On behalf of An Taisce, Senior Planning and Environmental Policy Officer Phoebe Duvall has told the council that to grant permission "would be in contravention of Ireland's legally binding emissions reduction obligations and contrary to the national climate objective". In a submission on behalf of County Kildare Chamber, its CEO Sinead Ronan has told the council that "this project represents a significant and timely investment in Naas and the wider Kildare region, delivering multiple economic, environmental and infrastructural benefits". Ms Ronan states that "this proposal presents a forward-looking opportunity to enhance the local economy, support employment and position Kildare as a leader in sustainable digital infrastructure. The project also has a clear alignment to planning policy, climate goals and heritage protection". On lodging the plans last year, a spokesman for Herbata stated that at the time that its next generation data centre campus will, uniquely, not depend on the national grid for power. The company stated that the project "is designed to minimise energy consumption and promote decarbonisation". A spokesman for Herbata said today: "We are very pleased with the decision by Kildare County Council to grant planning permission for Herbata's planned Data Centre Campus'. "This decision will facilitate a new approach to Data Centre development in Ireland, one that is leading edge and which will not depend on the national grid for power," he said. "It is also a milestone development in the data centre world as it provides a clear path to zero emissions. This is an important development also in underpinning the ongoing growth of the IT and AI sector which is so important to the Irish economy," he added.
Sunday World
17 hours ago
- Sunday World
US-based Irish businessman takes legal challenge against nearly 90 revenue and forgery offences
Illann Power filed for bankruptcy in Florida in 2022. An entrepreneur awaiting trial accused of almost 90 revenue, forgery and reckless filing of company information offences has initiated a legal challenge against his prosecution. The High Court lawsuit was filed this week by Illann Power, a Carlow businessman based in the US. Mr Power is a founder of spirits company Incubrands, which was acquired by Bacardi in 2015. He also co-created Nohovation, a start-up venture fund, and investment firm Illann Power Companies. In the judicial review proceedings, he is seeking orders restraining the DPP from continuing the prosecution and halting civil and criminal investigations related to the prosecution. The 33-year-old is also seeking orders staying administrative and judicial determinations arising from those investigations, including assessments of income tax. Businessman Illann Power. Photo: Paddy Cummins Today's News in 90 Seconds - August 21st Damages are also being sought by the businessman, who appeared on a tax defaulters list published by the Revenue Commissioners in June. Revenue said Mr Power had been penalised €781,061 by the courts for non-declaration of income tax. The entrepreneur filed for bankruptcy in Florida in 2022 with debts of just over $1m (€857m). His bankruptcy trustee recently applied to be discharged, saying the estate had been fully administered and there was no property available for distribution to creditors over and above that exempted by law. The Revenue was Mr Power's largest creditor. He originally faced three charges, contrary to the Companies Act, including knowingly or recklessly furnishing information to an electronic filing agent from 2014 to 2017. This followed an investigation by the Corporate Enforcement Authority relating to Dublin Distillers & Co Teoranta and the filing of B1 Annual Returns with the Companies Registration Office. Mr Power denies the charges, which had been due to be dealt with in the District Court. However, a connected matter led to a reappraisal of the case, and the DPP issued a new direction for a trial on indictment, elevating the prosecution to the Circuit Court, which can impose lengthier sentences. Mr Power was also faced with 84 new criminal charges, including forgery. He is alleged to have electronically amended a High Court order in December 2022 by adding information that was not granted by the court. Further charges related to breaches of tax law. His legal challenge to the prosecution was not unexpected. During a court hearing last November, he claimed the additional charges had been brought against him with 'malicious intent'. The DPP, Revenue Commissioners, Tax Appeals Commission, Corporate Enforcement Authority and the Garda Commissioner are among the respondents named in the action. Mr Power is representing himself in the proceedings and has yet to be given a date for a leave application for judicial review. The application is being made on notice to the respondents. In a statement of grounds, Mr Power claimed the respondents had conducted a 'hybrid investigation' that had violated his right to a fair trial and fair procedures. He further claimed the respondents had acted in excess of their jurisdiction and that he had been denied fairness and natural justice in administrative, civil and criminal proceedings arising from or connected to the prosecution.
RTÉ News
18 hours ago
- RTÉ News
Guinness maker to lodge plans to double capacity of €200m Kildare brewery
Guinness producer Diageo is to lodge plans with Kildare County Council to double the brewery capacity of its €200m state-of-the-art carbon neutral brewery at Littleconnell, Co Kildare. Construction work at the brewery has been continuing since June of last year and Diageo today confirmed that the proposed expansion will more than double the brewery's capacity to 4.5 million hectolitres. Diageo had already earmarked the Co Kildare brewery as a production hub for Diageo lager and ales including Rockshore, Harp, Hop House 13, Smithwick's, Kilkenny and Carlsberg. Now, the planned doubling of capacity will result in the plant becoming a production hub for Guinness and Guinness 0.0 growth in emerging markets. St Jame's Gate in Dublin is currently the only Diageo site in the world where Guinness 0.0 is brewed while Guinness is brewed in many locations around the world. Diageo's planned expansion of the plant follows it reporting in June that on-trade yearly volume sales of Guinness 0.0 draught grew 161% between June 2022 and March 2025 and Diageo is eyeing the zero alcohol product's global potential based on its Irish rollout. A spokeswoman for Diageo stressed that St James's Gate in Dublin "will remain the heart and soul of Guinness, continuing to brew for its largest and most established markets, including Ireland, the UK and the US". "Diageo's commitment to this iconic site - its heritage, its legacy, and its future - remains stronger than ever," she added. Diageo expects to lodge the planning application in early November and the proposed expansion at Littleconnell "forms part of Diageo's long-term plan to increase capacity and flexibility to support future growth opportunities as they arise". The Diageo spokeswoman said that "while the realisation and timings of this expansion will depend on a number of external factors, it reflects Diageo's long-standing commitment to Ireland and reinforces the country's position as a strategic base for sustainable export-led growth". Commenting on the new plans to be lodged, Diageo's Global Head of Beer Supply, Colin O'Brien said: "This planned expansion at Littleconnell is designed to position us for future global growth opportunities for Guinness and Guinness 0.0". "By increasing our capacity, we can better serve emerging markets while strengthening Ireland's position as a leading market for beer exports," he said. "It's a significant step forward in our commitment to sustainable brewing and will be an industry gold standard for energy and water efficiency," he added. It is expected that first brew for lagers and ales at the Littleconnel site will take place in early 2026. Diageo will be hoping for a smoother passage through the planning system for the new application. Plans were lodged for the €200m brewery in July 2022 and the scheme was stalled after the sole objector to the brewery, John Lynch, mounted a High Court challenge seeking to quash An Bord Pleanala's December 2023 green light for the project. The farmer and undertaker last year withdrew his proceedings after successful mediation talks with Diageo.
