A COURT HAS heard allegations that the owner of several restaurants in Waterford are operating a “phoenix-style” plan after closing one branch leaving their suppliers down thousands of euro, only to try to reopen the place months later.
A solicitor for the objecting businessman said the matter was especially serious as one of the co-owners of Countryglen is a practicing solicitor and “officer of this court”. The court heard that Countryglen is owned by Walter Walsh and Mark Walsh, who also run a number of other restaurants and a pub in Waterford and Tramore.
He said his client Brady’s allegations concern “very serious allegations of misconduct by the applicant company”, including claims that Countryglen had “breached” licensing law and company law, along with “non compliance” with its tax obligations.Murran told the judge this was all the more serious as Mark Walsh was a practicing solicitor with Waterford city firm Kenny Stephenson Chapman, thereby making him “an officer of this court”.
This was ultimately ruled out by Mr Justice McAleese, who said that while he was “gravely tempted” to give Brady costs, he felt it could have “unintended consequences” and set a precedent allowing objectors to be pursued for costs by companies in future. He added that Brady’s evidence appeared to be “straightforward and well-supported” but added that he could not delve into the claims as Countryglen had withdrawn its application for the license.Referencing the delays to proceedings due to the adjournments, Murran said the court was “entitled to take that into count” by awarding costs incurred by Brady through his objections.
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