The company that had bought The Silly Goose on Washington Street also claims that there is significant stock missing.
Martin Hayden SC for Ezeon said that the matter was complex and involved issues of non-disclosure by Mr O'Driscoll to his client, and an alleged fraud on the Insolvency Service of Ireland. In one exchange earlier this year Mr O'Gara said to Mr O'Driscoll that "you have fleeced me". Mr O'Gara said that while he did not have much day-to-day involvement with the company, he put money into it including €20,000 to keep it afloat in 2019. It has further concerns over the categorisation of Mr O'Driscoll's debt to Ezeon. Mr O'Driscoll applied for and in March 2022 was granted a Personal Insolvency Arrangement by the Circuit Court in March 2022. In 2014, Mr O'Flynn took over the borrowings and refinanced the company for €2.2m, which had risen to €2.5m by 2018.
Former rugby international accuses former partner in Cork pub of misappropriating €15725 in High Court action.
He accused Mr O’Driscoll of misleading the Insolvency Service of Ireland and for engaging in a “fundamental abuse of process.” Mr O’Gara said he was brought in as “a name” to link to the pub for advertising and promotional reasons. He claims that he did not partake in Mr O’Driscoll’s personal insolvency arrangement and was not notified, only learning about the debt write-off from media reports. He claimed the insolvency process “has been abused in this case” and that this was “regrettably, a serious matter that needs to be addressed.” With regards to the company’s indebtedness, Mr O’Gara said that Mr O’Flynn agreed in October 2020 that Mr O’Driscoll would pay one third of the debt owing to Mr O’Flynn, Mr O’Gara would pay one third and Mr O’Flynn “would take a hit on one third himself”. The judge agreed with this approach.
Rugby star says John O'Driscoll breached his trust in relation to case dealing with personal insolvency arrangement.
Ezeon Entertainment Ltd has asked the High Court to set aside an allegedly 'fraudulent' personal insolvency arrangement made in favour of a shareholder.
The claims are denied. Mr Justice Owens, who said that the hearing of all matters together "made sense" said he was prepared to adjourn the matter to a date in mid-January to allow Mr Dunleavy's side to prepare a sworn statement in reply to the application It also claims there is significant stock missing from the company. He said that as a shareholder of Ezeon he had not been made aware of Mr O'Driscoll's bid for a PIA until he read about it in the newspapers. Ezeon now claims that the debt owed to it by Mr O'Driscoll was not properly specified in the PIA, that it did not know about the PIA until the matter appeared in media reports, and that the process was in effect an alleged fraud on the company. Ezeon is also concerned about fair procedures in the PIA, as it claims it was not listed as a creditor of Mr O'Driscoll, when he was allegedly in control of the company at the time.
Mr O'Gara, Michael O'Flynn, and John O'Driscoll who are known to each other were equal shareholders in the venture, which was funded by loans from ...
Mr Justice Owens, who said the hearing of all matters together “made sense”, said he was prepared to adjourn the matter to a date in mid-January to allow Mr Dunleavy’s side to prepare a sworn statement in reply to the application. He said that as a shareholder of Ezeon he had not been made aware of Mr O’Driscoll’s bid for a PIA until he read about it in the newspapers. The court also heard that the issues being raised by the company were new and had not been raised before the court previously. In a sworn statement to the court, Mr O’Gara, who now coaches in France, said he had been friends and a former teammate of Mr O’Driscoll for many years said he was “upset and deeply annoyed” by Mr O’Driscoll’s actions. However, he said he had some conversations with Mr O’Driscoll about the business, the alleged misappropriation of funds, and the debt owed to Mr O’Flynn. Ezeon is also concerned about fair procedures in the PIA, as it claims it was not listed as a creditor of Mr O’Driscoll when he was allegedly in control of the company at the time.