Revenue may appoint liquidator

An application by the Revenue Commissioners for the appointment of a provisional liquidator to Transgold, a Dublin haulage firm…

An application by the Revenue Commissioners for the appointment of a provisional liquidator to Transgold, a Dublin haulage firm alleged to owe the Revenue almost £30,000 in unpaid taxes, was granted by the High Court yesterday.

Mr Gerard Scannell, a Revenue officer, was concerned that Transgold's assets were being transferred directly to a new company, Coolreen, which he believed was trading from Transgold's premises at Hynes Park, Balbriggan.

He said Transgold had come to the Revenue's attention as a "Phoenix company", in that it had succeeded in December 1996 to the trade of an existing company, Domerck (latterly known as Transfast), which was substantially indebted to the Revenue.

Attachment orders issued by the Collector General to debtors of Transfast were returned marked "NIL" on the basis that invoices were issued to these debtors in the new company's name, Transgold. These companies carried on a similar business with common debtors from the same premises.

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In an affidavit, Mr Scannell said that Transgold, incorporated in 1996, owed the Revenue in September at least £29,863 in outstanding VAT, PAYE and PRSI.

He said that no returns had been made by the company since January 1999, although it was paying its VAT and PAYE liability by direct debit up to this June. The Collector General had received notice of cancellation of these payments from the company's bank after June. Mr Scannell said he believed a creditors' meeting of the company, which had been advertised for September 20th, did not take place.

He believed the company's assets were in jeopardy and that the appointment of a provisional liquidator was necessary.

On the application of Mr Pat Quinn, for the Revenue, Mr Justice O'Sullivan appointed Mr Tom Kavanagh, chartered accountant, as provisional liquidator and fixed November 1st as the date for the hearing of a petition to wind up Transgold.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times