Judge adjourns Muckross Park Hotel action

An application for an order restraining the further prosecution of a petition for the winding up of Muckross Park Hotel Ltd has…

An application for an order restraining the further prosecution of a petition for the winding up of Muckross Park Hotel Ltd has been adjourned by the High Court.

The interlocutory application was due for hearing yesterday but was adjourned after Mr Michael Collins SC, for the company, with a registered office at Muckross Hotel, Killarney, Co Kerry, said he wished to file another affidavit for the purposes of formally stating the company was solvent.

Mr Bill Shipsey SC, for the petitioner, Muckross Suite Hotel Partnerships No 1 and No 2, Muck ross, Killarney, said his case was that Muckross Park Hotel Ltd was not solvent but he did not object to the application to file an additional affidavit.

In those circumstances, Mr Justice Peter Kelly adjourned the matter to the next law term.

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Earlier, in part-opening of the matter, Mr Collins said the petitioner was claiming it was owed some £99,000 (#125,704) by Muckross Park Hotel Ltd, while his client said the figure was around £33,000 or £34,000.

Counsel said his client had made a counterclaim which exceeded both those figures, being for some £269,000. He said that figure arose out of agreements between the two companies.

He said the petitioners were individuals who had formed partnerships to invest in hotel-type projects and they had invested in hotel suites built near the hotel.

He said there were agreements between the hotel and the partnership whereby a number of services would be provided by the hotel for the suites and there were also agreements regarding distribution of costs and profits.

There were several matters in dispute.