Receiver denies he acted improperly

A claim that the appointment of a receiver to the former Dublin Gas company in 1986 had brought the company's assets under State…

A claim that the appointment of a receiver to the former Dublin Gas company in 1986 had brought the company's assets under State control was rejected yesterday by the receiver, Mr Bernard Somers.

Mr Somers also denied claims that he had conducted the company's affairs without regard to the concerns of shareholders or directors.

He was opposing a High Court application by a Co Louth accountant, Mr Donal Kinsella, of Woodpark, Dunleer (who owned 23 per cent of the gas company) for an order to inspect the receiver's work.

Mr Kinsella claims that the government of the day created conditions so that the company could be put into receivership and nationalised.

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The receivership followed the company's failure to procure a reduction in the price of natural gas from the semi-state company Bord Gais.

Yesterday, Mr Michael O'Donnell, for Mr Kinsella, said his client had invested £300,000 of his life savings in Dublin Gas and had lost that sum. He wanted to know what had happened to the company since 1986.

Mr O'Donnell said they were seeking detailed accounts.

Mr Ian Finlay SC, for Mr Somers, said a lot of time had been spent trying to resolve the issues between the parties. These events had taken place 13 years ago and any possible complaint by Mr Kinsella was long since statute barred. Mr Kinsella was not entitled to the documents.

In an affidavit, Mr Somers said Mr Kinsella was incorrect to claim that the effect of the appointment of a receiver was to bring the assets of Dublin Gas under the control of the State. The hearing before Mr Justice Budd continues today.