Judgment in CAB action reserved

A HIGH COURT judge will give his decision next week on whether a Dublin businessman and former company director, Mr Matthew Kelly…

A HIGH COURT judge will give his decision next week on whether a Dublin businessman and former company director, Mr Matthew Kelly, must pay nearly £3 million in alleged unpaid taxes and interest.

Mr Justice O'Higgins yesterday reserved judgment on an application by the Criminal Assets Bureau for judgment for £2.95 million from Mr Kelly, of Ashington Gardens, Navan Road, Dublin.

The defendant denies he owes the Revenue Commissioners the sum sought and says he should be allowed to appeal the amount.

Mr Kelly, declared a bankrupt in 1984, also denies he derived any of his income from criminal activity. He claims his income came from nursing homes he owned in the UK and that if he was liable for tax, the amount was £628,650.

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The case, which began on Tuesday, continued yesterday with legal submissions from counsel for both sides.

CAB claims Mr Kelly's sole purpose in defending the proceedings is for the purpose of delay.

The defendant claims his status as a bankrupt means his property is vested in the official assignee. Rather than the court deciding the issue summarily, he is seeking a full plenary hearing of the action.