MODEL GLENDA Gilson and her brother Damien are still facing applications for their imprisonment after a further court hearing yesterday over their alleged failure to provide adequate statements of financial affairs concerning a wound-up car sales company of which both are directors.
Ms Justice Mary Finlay Geoghegan last month warned the two they must provide statements of affairs sought by the liquidator of the Gilson Motor Company.
The judge stressed this was a “serious matter” and failure to produce the statements would mean the two would have to appear personally in court to answer an application by the liquidator to have them explain why they should not be jailed for contempt.
Yesterday, both Gilsons attended court where Ms Justice Finlay Geoghegan ordered that the liquidator’s (attachment and committal) application could stay in place for another two weeks.
The judge said she was allowing the application continue after being told that while Ms Gilson had filed a statement of affairs, the liquidator – Gary Lennon of Lennon Corporate Recovery – was unhappy with it.
Damien Gilson handed over his statement of affairs to the liquidator in court yesterday.
His legal counsel said there had been a mix-up which led to a delay in providing that statement.
Counsel for the liquidator said Mr Gilson’s statement appeared to be similar to that of his sister.
The liquidator, counsel added, was very unhappy with the content of Ms Gilson’s statement of affairs and wanted the application for attachment and committal to continue for another two weeks.
Counsel for Ms Gilson said she was a non-executive director of the company and had signed up as such as “an accommodation” to her brother, managing director of the firm.
She had no access to books and records and had provided a statement of affairs to the best of her ability, counsel said.
The judge adjourned the matter for two weeks and made a number of directions requiring the Gilsons to file updated and adequate statements of affairs, plus books and records of the company, and affidavits responding to the liquidator’s application to cross-examine the pair in relation to their affairs.
Last March, the Gilson Motor Co, Annaly Drive, Ongar Wood, Dublin 15, was wound up by the High Court after it failed to pay €141,937 in taxes to the Revenue.
Ms Gilson and her brother did not contest the winding-up order. The court appointed Mr Lennon as liquidator and ordered both Gilsons to file a statement of affairs within 21 days.
Last month, counsel for the liquidator told the Examiner’s Court there had been a failure to file that statement of affairs. Counsel for the Gilsons sought an adjournment saying there had been a “parting of ways” between the directors and their former accountant.
On that occasion, Ms Justice Finlay Geoghegan granted the adjournment to yesterday and warned it was extremely serious that the directors were not complying with their obligations.