Petition to shut down Ballyseedy Restaurant Ltd to be heard in High Court on November 4
The petition is being brought by Revenue through Collector General Joseph Rowley.
Mr Rowley is responsible for the collection of taxes and for the implementation of debt management programmes.
According to the Revenue website, he is also responsible for enforcement action against those who fail to comply.
In February of this year, a week after CEO McDonnell was charged in connection with seizure of an estimated €32 million worth of crystal meth at a Cork Port. Ballyseedy Business Centre informed suppliers that the business had ceased trading due to circumstances beyond their control and that the enterprise was transferring to Smaash Burgers Ltd.
The letter from group CFO Salome McDonnell said they are unable to carry over any outstanding balances from Ballyseedy Restaurant Ltd to Smaash Burger Ltd.
Ms McDonnell said they understood the impact of the decision and that she sincerely apologised for any inconvenience caused.
Her letter to suppliers stated that should there be any stock items that remain unpaid and that they wish to retrieve from the premises they will try to help them in making the necessary arrangements.
The group CFO said they valued the relationship they have built with suppliers and their companies and that they hope their collaboration will continue under Smaash Burger Ltd.
In a notice which appears in The Irish Times newspaper on Friday, Revenue advised outstanding creditors that they can attend the proceedings in the High Court on November 4 should they wish to make a submission on the petition to wind up the company.
The notice read: “In the matter of the Companies Act 2014, notice is hereby given that a petition for the winding-up of the above-named company by the High Court was on the 27th day of September, 2024, presented to the High Court by Joseph Howley, Collector General.”
It described Mr. Howley as “a creditor of the above-named company” and advised “that the said petition is directed to be heard before the High Court on the 4th day of November, 2024.”
Nathan McDonnell and James Leen
It continued: “Any creditor or contributory of the said company who wishes to support or oppose the making of an order on the said petition may appear at the time of hearing by himself or his counsel for that purpose, and a copy of the petition will be furnished to any creditor or contributory of the said company who requires it by the undersigned on payment of the regulated charge for the same.”
Nathan McDonnell faces five charges, including drugs-related charges for possession of crystal meth at Cork Port and at Ballyseedy Garden Centre.
The final charge against him alleges that between 16 October, 2023 and 16 February 2024, with knowledge of the existence of a criminal organisation, he participated in or contributed to activity intending or being reckless as to whether such activity could facilitate the importation, sale and supply of a controlled drug by that criminal organisation or its members.
The offence alleged is contrary to S.72 of the Criminal Justice Act 2006.
In August, McDonnell (44) was granted legal aid by the Special Criminal Court.
His case is due for mention before the Special Criminal Court next week.
