Court orders helicopter firm to file returns

Celtic Helicopters has been ordered by the High Court to file annual returns for the years 1998 and 1999 by August 31st next.

The order was sought yesterday by Mr Lyndon McCann, for the Registrar of Companies, Mr Paul Farrell. In an affidavit, Mr Farrell said that Celtic Helicopters had shown "scant regard" for their obligations under the Companies Acts.

Ms Rose Costello, for the company and its directors, Mr John Terrance Barnicle and Mr Ciaran Haughey, resisted the application and sought an adjournment.

Due to the fact that an examination of the company by an authorised officer and an audit of its finances by the Revenue Commissioners were continuing, and as it was also being investigated by the Moriarty Tribunal, the returns in question would have had to be qualified and the company had not wanted to file qualified returns, counsel said.

However, the company had informed the Registrar, before he had served the present proceedings on it under Section 371 of the Companies Act, that it had undertaken to file the returns by August 31st. There was nothing to prevent the Registrar accepting the undertaking and no need for the order sought.

Ms Justice Carroll refused to adjourn the matter and, after hearing submissions from both sides, said she would make the order sought by the Registrar. She said Mr Barnicle and Mr Haughey had a history of failing to respond to correspondence until this application and the Registrar was entitled to the order. In his affidavit, Mr Farrell said Celtic had filed returns late on several occasions in the past and had not filed returns for the years 1998 and 1999.

On March 10th, the company was asked to file the returns within four weeks and was informed that default could lead to the company being struck off the register. No returns were filed and the company was randomly selected for subjection to the strike off process on April 27th. On May 5th, the company was told it had one month to file the returns or it would be struck off.

No returns were made within the stipulated one-month period or at all. The company's continued default was published in Iris Oifigiuil on June 9th with a Notice of Intention to have the company dissolved unless the returns were filed within a further month.

Mr Farrell said he was aware an authorised officer had been appointed to Celtic by the Minister for Enterprise and Employment, Ms Harney. He had queried the status of that investigation and was told it was ongoing, and, in the light of that, decided it was inappropriate to proceed to strike the name of the company off the Registrar.

Yesterday's order to Celtic Helicopters is the first time section 371 of the Companies Act has been used since it was enacted in 1963.