Two directors of the company which had operated Dublin’s Citywest Hotel were before the Master of the High Court today arising from the alleged failure to pay more than €166,000 costs due as a result of a court settlement.
Brothers Anthony and Patrick Mansfield, directors of HSS, trading as Citywest Hotel, were examined before the Master of the High Court, Edmund Honohan, as part of an application by former Citywest Hotel general manager John Glynn to obtain his legal costs.
Mr Glynn had sued HSS over his alleged wrongful dismissal and that case was settled last May. He claims his costs have not been paid.
Today, Mr Honohan heard the brothers had asked an accountant to obtain documentation including details of property owned by HSS or any debts owed to the firm from the receiver put in place to run the Citywest complex earlier this year.
The brothers, both of Coldwater Lakes, Saggart, Co Dublin, and their father and fellow HSS director Jim Mansfield were due to be examined concerning the assets and liabilities of themseleves and HSS.
However, the Master was informed Mr Mansfield Senior, of Tassaggart House, Saggart, was ill and unable to attend court.
Following the examination of the brothers, Mr Honohan granted a certificate of non-appearance in relation to Mr Mansfield Snr.
He refused to grant a certificate of non-compliance concerning the production of HSS’s books and documents in relation to both Patrick and Anthony Mansfield. Mr Honohan said he was adjourning the matter to a date next month in order to allow both men more time to deal with that matter. .
Robert Beatty, counsel for Mr Glynn, said a High Court judge, Mr Justice Roderick Murphy, had last September made an order requiring the three men attend for oral examination as to what debts may be owing to HSS and what other property the company may own.
Today, in reply to Mr Beatty, both Patrick and Anthony Mansfield told the court they had asked an in-house accountant for the Mansfield family to get documentats required from the bank appointed receiver appoint to HSS earlier this year.
The brothers said the accountant was unable to get the documents in question from the receiver put in place last July by Bank of Scotland (Ireland). Both agreed they are directors of HSS.
Anthony Mansfield said BOSI is owed €140m. He added he has no communication with receiver Martin Ferris and has not been involved in the running of the Citywest complex since the receiver was put in place.
Mr Mansfield also told the court HSS had operated a 1,700 room hotel and conference business at Citywest Hotel. The complex also consisted of two golf courses, and a village which it was proposed to convert into a school to teach English to students from the Middle East.
The court heard Mr Glynn’s lawyers previously lodged an order for execution of the costs debt with the County Sheriff but that was returned endorsed nulla bona because BOSI already had a receiver in place against the goods of the defendants.
The only way of possibly executing a judgment against the defendants was to bring them before the court for cross-examination on what assets they may own, Mr Beatty said.