THE HIGH Court has made orders winding up up two companies which operate a hotel, pub and nightclub in Tallaght after they failed to satisfy a demand from Revenue for more than €300,000 in unpaid taxes.
Ms Justice Mary Laffoy yesterday appointed an official liquidator to Tallaght Plaza Hotel Ltd (TPH) and Codex Taverns Ltd, both controlled by businessman Larry O’Mahoney, after granting the Revenue’s petition to wind up both companies.
TPH was the operator of the 122-bedroom Plaza Hotel Complex, Belgard Road, Tallaght, while Codex Taverns Ltd operated the adjoining licensed premises.
The Revenue Commissioners had brought the petition arising from unpaid PAYE/PRSI and VAT. Dermot Cahill, for Revenue, said a demand for €250,000 was made for Codex while a demand of €61,000 was made for TPH. The petition was brought on the basis the firms were insolvent and unable to pay their debts, he said.
Both companies opposed the Revenue application. It was argued a third party, Mr O’Mahoney trading as KPL Developments, was liable for the demand of Revenue.
The companies also contended they were not liable on grounds they had acted as agents for Mr O’Mahoney in the running of the bar and the hotel.
Dismissing those arguments, Ms Justice Laffoy said the claim the companies acted as agents for another party “did not matter”. What did matter was the company’s customers were being charged VAT, and the firm was taking PAYE/PRSI deductions from its employees, which were not passed on to Revenue.
The judge appointed Derek Earl, of accountants Grant Thornton, as liquidator to both firms. She also ordered that the company’s directors – Larry O’Mahoney, Shrewsbury Road, Dublin 4, and Christine O’Mahoney – should swear a statement of affairs.
