The Revenue authorities apologised in the High Court yesterday to Mr Michael Hogan, former publisher of In Dublin magazine, for having claimed that a cheque for over £700,000 which he had given to the Revenue had bounced.
Mr Hogan has paid the "entire of the monies involved" to the Revenue, Ms Justice Laffoy was told.
The judge was yesterday due to hear an application by Mr Hogan to stop the Revenue going ahead with an application next Monday for the restoration of Mr Hogan's company, KCD (Dublin) Ltd, to the Companies Register.
Following yesterday's developments, the restoration application will go ahead on Monday on the agreement of both parties and on the withdrawing of a Revenue affidavit which Mr Hogan had objected to.
Earlier this week, Mr Hogan had complained the Revenue authorities, in support of the application for restoration of KCD, had included confidential documents which would disclose details of the financial affairs of himself and his wife Marie.
He said he had made voluntary disclosure of previously undisclosed income and argued that details of the financial affairs of himself and his wife were submitted to the Revenue on the sole basis that they would be received in confidence and under no circumstances come into the public domain.
The Revenue claimed Mr Hogan's company was struck off for failure to make annual returns and that it was owed at least €944,573 for VAT, PAYE and PRSI for the years from 1992 (when Mr Hogan purchased In Dublin) to 1999.
Mr Hogan had said some of the magazine's income was derived from advertising of a type "which promoted certain sexual services" and that he was prosecuted for offences under the Criminal Justice (Public Order) Act 1994.
He said he gave the Revenue a bank draft for £300,000. At the same time a cheque drawn on his own bank for £743,912 was also given to the Revenue but, he claimed, it was never presented for payment.
Despite making payments he was told by Mr Donal Buckley, of the Revenue Investigations and Prosecutions Division, that they were going to investigate his affairs, Mr Hogan said.
He also claimed that the Revenue sent officials to his home and offices at Camden Court, Dublin.
He produced letters from his bank stating that his cheque for £743,912 and a subsequent replacement cheque for the same amount had not been presented for payment.
Yesterday, Mr John Gordon SC, for Mr Hogan, said the problems between the parties had been resolved amicably.
Mr Buckley, on behalf of the Revenue, had sworn an affidavit overnight in which he apologised for having referred to Mr Hogan's cheque as having bounced. That should not have been in the affidavit (which was to be given by the Revenue to the court next Monday in support of its application for the restoration of the company).
Mr Gordon said Mr Hogan had yesterday morning also paid the entire of the sum of money involved. It had always been his intention to do so but his cheque had not been negotiated, counsel added. By consent the parties agreed that the court make an order directing that the affidavit sworn by Mr Buckley on November 4th last be withdrawn from the High Court file.
Mr Gordon said it was still necessary for KCD to be restored to the Companies Register "so that the matter may be processed properly".