Liquidator appointed over Killarney Brewing and Distilling
James Anderson of Deloitte was appointed as the liquidator by the
High Court
on Monday. The move came after a disagreement between the Revenue Commissioners and the KBD about who would be appointed,
KBD had sought for Mr Anderson, who was already the existing examiner for the business to be appointed as the liquidator over the company in a High Court hearing on Friday.
On Friday, barrister Sally O'Neill, for the Revenue Commissioners, disputed the appointment of the existing examiner, petitioning the court to appoint Myles Kirby of Kirby Healy Chartered Accountants as the examiner instead.
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A decision on the case had been postponed until Monday by Mr Justice Michael Quinn after Revenue opposed the company's choice of liquidator.
Ms O'Neill had argued that Revenue should be heard in the decision as to who would be appointed as the liquidator, pointing to precedent set during the liquidation of Star Elm Frames Ltd.
Taking a period for deliberation, Mr Justice Michael Quinn said Star Elms was a 'very helpful case but a very different case' and noted some differences between the two situations.
He noted the significance of Revenue's debt, which he said stood at €1.3 million and accounted for as much as 90 per cent of the debt in some of the companies, the fact they are acting for the public good, and that they were the only unsecured creditor to have become involved in the process.
Mr Justice Quinn said the rest of the companies' debts stood above €22 million.
He said it was 'quite common' for examiners to be appointed as liquidators, noting that such appointments 'should not be presumed' but said there are 'efficiencies' in doing so in large cases.
Mr Justice Quinn said he recognised there were 'efficiencies' in this case in Mr Anderson continuing his involvement, and appointed the company's preferred choice of liquidator.
The business has been under examinership since mid-April but did not secure the investment necessary to keep the business afloat in time.
The distillery's staff were told that operations would cease on Thursday in advance of the hearing.
Founded by local businessmen Tim O'Donoghue and Paul Sheahan in 2013, the parent company of the group has not filed accounts since 2023.
In its most recent filings with the Companies Registration Office, the company reported a turnover of more than €2 million for 2022. The business lost €1.61 million in 2022 and had accumulated losses of €4.15 million.
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