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High Court orders winding up of Thomas Crosbie Printers

Thomas Crosbie Printers was a subsidiary of the group that owned the Irish Examiner and Sunday Business Post
Thomas Crosbie Printers was a subsidiary of the group that owned the Irish Examiner and Sunday Business Post

The High Court has made orders winding up Thomas Crosbie Printers Ltd, a subsidiary of the Thomas Crosbie Holdings media group.

The court however refused to nominate the company's nominee as official liquidator and instead appointed the nominee of two large creditors of the company.

Mr Justice Peter Kelly said he was satisfied to appoint as official liquidator Tom Kavanagh, of Kavanagh Fennell, the nominee of Webprint Concepts Ltd, owed some €2.3m by TCP, which has sued TCP and others over the loss of its printing contract for TCH titles.

Ulster Bank, owed some €7m, had supported either Mr Kavanagh or any nominee of the court but not the company's nominee.

The judge stressed there were no issues concerning the competence or integrity of either nominee for official liquidator - Mr Kavanagh or Michael Cotter, of Ernst & Young, City Quarter, Lapps Quay, Cork.

He found TCP had made out no reasons why the court should depart from the normal practice that, when there are two opposing nominees for liquidator, the nominee of creditors would be appointed.

While Webprint was engaged in litigation against TCP, it was a creditor in this application as was Ulster Bank, he said.

There was no opposition to the making of a winding up order for TCP, which is insolvent with some €7m liabilities over assets, but the issue was who would be appointed official liquidator.

Webprint and TCP had also drafted what the judge referred to as a "shopping list" of tasks for the liquidator including, in Webprint's case, asking him to investigate whether TCP had traded while insolvent.

TCP had asked that its directors - Mr Thomas P. Crosbie and Mr G. Alan Crosbie - should be notified of any applications by the liquidator.

The judge said he would not make any such directions as the liquidator was an officer of the court with statutory duties who had to report to the court and decide for himself what issues had to be addressed.

It remained open to the parties to make application to the court when the liquidation was actually underway, he added.

Earlier Garvan Corkery, for TCP, had argued Webrpint's nominee should not be appointed on grounds including Webprint is involved in litigation against TCP and others.

Webprint has sued arising from what it alleges was the "contrived" restructuring of the Thomas Crosbie media group resulting in it incurring substantial losses and its contractual rights being breached.

Webprint should be regarded as an adversary rather than a creditor, Mr Corkery argued. Webprint, he submitted, was trying to commandeer the liquidation in its own interests.

Frank Kennedy, for Webprint, queried whether it was correct to describe Webprint as an adversary when another High Court judge had found TCP had no prima facie defence to either Webprint's claim for arrears on its printing contract and also had no prima facie defence to many aspects of its breach of contract claim.

Webprint believed the liquidator should engage in an investigation into the financial position of TCP over a number of years with a view to establishing if it had traded while insolvent, counsel outlined.

Jane Marshall, solicitor for Ulster Bank, said it supported the application to have either Mr Kavanagh or another person chosen by the court appointed official liquidator.

The bank had grave concerns TCP was trying to conflate the issue of the appointment of a liquidator with the Webprint case, she said.

The application by the directors of TCP to be notified of any applications by the liquidator was totally inappropriate and should be refused, she added.

TCH was placed into receivership last March by its largest lender, AIB.

On the same day, TCH was acquired by Landmark Media Investments, owned by Thomas and Ted Crosbie. As part of the restructuring, an examiner was appointed to Post Publications Ltd, publishers of the Sunday Business Post.

The net value of the 15-year printing agreement to Webprint was some €22.2m or around 70% of its income, the company has claimed.